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HomeMy WebLinkAbout1987-05-05 Support Documentation Town Council Regular Session VAIL TOWN COUNCIL WORK SESSION TUESDAY, MAY 5, 1987 2:00 p.m. - AGENDA 1. Discussion of Ordinance No. 13, Series of 1987, first reading, an ordinance authorizing the issuance of Town of Vail, Colorado, West Vail Local Improvement District No. 1, special assessment bonds, dated June 1, 1987, in the aggregate principal amount of $525,000, for the purpose of paying a portion of the cost of constructing and installing improvements therein; prescribing the form of the bonds; providing for the payment of the bonds and the interest thereon; and making provision for other matters relating thereto. 2. 1986 Year End Financial Report 3. July 4th Youth Programs and Activities 4. Request from Gastof Gramshammer to Purchase a Small Area for Entrance Enhancement 5. Vail Transportation and Parking Task Force Interim Report 6. Discussion of Ordinance No. 14, Series of 1987, first reading, amending SDD #6 (Vail Village Inn) and requesting approval to phase the construction of the remaining phase of the project 7. Lionshead and Village Popcorn Wagon Lease Negotiations 8. Alpine Garden Demonstration Area Final Design 9. Update on Public Arts Forum Project 10. Clean Up Day - May 9 11. Information Update 12. Other VAIL TOWN COUNCIL WORK SESSION TUESDAY, MAY 5, 1987 2:00 p.m. EXPANDED AGENDA 2:00 1. Discussion of Bond Ordinance No. 13 for the West Vail Charlie Wick Local Improvement District Action Requested of Council: Review/discussion of Ordinance No. 13. - Background Rationale: The bond ordinance is necessary in order for the Town to issue the bonds for the West Vail Local Improvement District. Steve Jeffers of Kirchner Moore will be available at the Work Session but not the Evening Meeting to answer Council's questions regarding the ordinance. 2:15 2. 1986 Year End Financial Report Steve Barwick Action Requested of Council: Review/discuss the year end financial report. Backqround Rationale: The auditors submitted their year end journal entry adjustments to Town staff on 4/22/87. Town staff has reviewed and input the final adjustments and was ' able to run the final revenue and expenditure statement on - 4/28/87. The year end financial summaries, including fund balances, will be presented to Council at this Work Session. 2:30 3. July 4th Youth Programs and Activities Joanne Mattio Action Requested of Council: Receive report and approve/deny 11,000 budget. Background Rationale: This is an update on the current July 3rd and 4th activities for youth under 20. Joanne will present plans as of this date which have been made by the planning committee and discussed by the Mayor's Task Force on Community Events. Staff Recommendation: The plans and budget were mentioned to Council in March, but staff is requesting a final approval of the $11,000 budget for the July 4th youth dances. _ 2:45 4. Request from Gastof Gramshammer to Purchase a Small Area for Entrance Enhancement Action Requested of Council: Discuss the request and give staff direction whether or not to proceed. Background Rationale: Pepi Gramshammer is requesting to purchase approximately 225 sq. ft. of Town land to enhance the entrance to Gastof Gramshammer and to move the parking access gate further south to the perimeter of the Children's Fountain Plaza. If this is to be done, staff should be directed to negotiate a price and Gramshammer should be required to prepare a survey. Some type of access easement ,should be preserved for emergency purposes. Staff Recommendation: This has just been submitted and will be discussed at the Monday morning interdepartmental meeting. Staff comments will be presented at the Council " meeting. 3:00 5. Vail Transportation and Parking Task Force Interim Report Stan Berryman Background Rationale: Review the Task Force report and recommendations for concurrence or modification. Background Rationale: The Task Force met on March 5 and April 9 to discuss a number of parking, loading and transportation issues. The interim report summarizes the Task Force recommendations regarding the issues discussed. Staff Recommendation: This report will also be presented at the Evening Meeting for Council action. 3:16 6. Discussion of Proposed Amendments to the Vail Village Inn Tom Braun SDD as they relate to the Ski Museum Action Requested of Council: Ask questions and offer comments on this proposal. Background Rationale: The 1985 approval for the last phase of VVI required the developer to: 1) come to agreement with the Ski Museum on their relocation into UVI, 2) provide space in VUI for the museum, 3) provide funding or complete the removal/demolition and landscaping of the present ski museum site. Amendments to these conditions are requested by the developer. Staff Recommendation: Staff recommends the Town have concrete assurances the ski museum will be relocated and the ~ existing site be developed into a park as an element of the development of VVI. 3:30 7. Lionshead and Village Popcorn Wagon Lease Negotiations Kristan Pritz - Action Requested of Council: Discuss an appropriate lease fee for each wagon. Background Rationale: The owners of each wagon would like to lower the lease rate. Presently, the Lionshead wagon has a 5 year lease with a total lease fee of $40,000, or $2,000 per quarter. The Town pays for the Lionshead wagon's utilities (water and electricity). Staff is working with the owner of the Village wagon on a lease agreement. , Applicants are Ila Buckley, Ross Davis, Dan Mulrooney and Carl Deitz. Staff Recommendation: The recommendation is a lease rate of $2 per sq. ft. per month or $24 per sq. ft. per year for each wagon. This will lower the annual amount from $8,000 to $5,760. A slight difference in the rate for the two wagons may be warranted given the fact that the owner of the Village wagon pays all her own utilities. 3:40 8. Alpine Garden Demonstration Area Final Design Kristan Pritz Action Requested of Council: Review the final design. Background Rationale: The Vail Valley Foundation is allowing the Alpine Garden to create 2 demonstration areas in planting areas that were originally proposed to be planted by the Foundation. The demonstration areas have been approved by the DRB. The Foundation has agreed in a letter that they are ultimately responsible for maintaining the planter. _ Staff Recommendation: Approve the design. 3:45 9. Update on Public Arts Forum Project Kristan Pritz Action Requested of Council: Discuss and comment. -2- Background Rationale: Staff wants to keep the Council abreast of the work proposed for the Arts Forum. 3:50 10. Clean Up Day - May 9 3:55 11. Information Update Ron Phillips 4:00 12. Other -3- D24783 04/28/87 F ORDINANCE NO. 13 SERIES OF 1987 AN ORDINANCE AUTHORIZING THE ISSUANCE OF TOWN OF VAIL, COLORADO, WEST VAIL LOCAL IMPROVEMENT DISTRICT NO. 1, SPECIAL ASSESSMENT BONDS, DATED JUNE 1, 1987, IN THE AGGREGATE PRINCIPAL AMOUNT OF $525,000, FOR THE PURPOSE OF PAYING A PORTION OF THE COST OF CONSTRUCTING AND INSTALLING IMPROVEMENTS THEREIN; PRESCRIBING THE FORM OF THE BONDS; 'PROVIDING FOR THE PAYMENT OE THE BONDS AND - THE INTEREST THEREON; AND MAKING PROVISION FOR OTHER MATTERS RELATING THERETO. WHEREAS, the Town Council (the "Council") of the Town of Vail, Colorado (the "Town"), has by Ordinance No. 10, Series of 1987, created Town of Vail, Colorado, West Vail Local Improvement District No. 1(the "District") for the purpose of constructing and installing certain improvements to streets in the District, including, but not limited to, preparation and paving, drainage, lighting and safety, and improvements to the sanitary sewer system in the District, including, but not limited to, a new sewer main (collectively, the "Improvements") all in accordance with the Charter of the Town (the "Charter") and Chapter 20.04 of the Vail Code (the "Code"); and WHEREAS, pursuant to Ordinance No. 10, Series of 1987, the Council approved the plans for and authorized and ordered the construction and installation of the Improvements as shown by preliminary plans approved by the Council; and WHEREAS, the Town Manager has submitted to the Council estimates of the total cost of constructing and installing the Improvements, including engineering, legal and incidental costs, and the Town has entered into certain contracts for the construction and installation of the Improvements; and WHEREAS, the construction and installation of the Improvements in the District will confer general benefits on the Town and special benefits on the assessable property within the District; and WHEREAS, the Council has determined that the portion of the cost of construction and installation of the Improvements to be assessed against the property within the District will not . exceed $525,000 and that special assessment bonds of the Town for the District should be issued in said amount; and WHEREAS, the Town has agreed to make a cash contribution for the balance of the cost of construction and installation of the Improvements; and WHEREAS, Kirchner Moore & Company, Denver, Colorado (the "Purchaser") has offered to purchase said bonds at a net effective interest rate not exceeding 8.5% per annum; and " WHEREAS, it is necessary to authorize the issuance of said bonds and to provide for the repayment thereof. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO,• AS FOLLOWS: Section 1. Approval of Cost Estimates. The estimates of the cost of constructing and installing the Improvements submitted to the Council by the Town Manager are hereby approved. Section 2. Sale of Bonds. The Town and the Purchaser have entered into a Purchase Agreement, dated May 19, 1987, for the sale and purchase of the Bonds as hereinafter defined. The Purchase Agreement is hereby ratified, approved and confirmed. Section 3. Authorization and Description of Bonds. For the purpose of paying a portion of the cost of constructing and installing the Improvements and the costs incidental thereto as permitted by the Charter and the Code, the Town shall issue its Town of Vail, Colorado, West Vail Local Improvement District No. 1, 5pecial Assessment Bonds, dated June 1, 1987, in the aggregate principal amount of $525,000 (the "Bonds"). The Bonds shall be issued in fully registered form in the denomination of $5,000 each, consisting of 105 Bonds, numbered consecutively from 1 to 105, inclusive. The Bonds shall mature on October 1, 1997, and shall bear interest as herein set forth. Pursuant to the recommendations of the Committee on Uniform Security Identification Procedures, CUSIP numbers may be printed on the Bonds. The following numbered Bonds in the following principal amounts shall bear per annum interest from June 1, 1987, to October 1, 1997, except if redeemed prior thereto, at the following interest rates: . D24783 2 04/28/87 Bonds Numbered Principal Per Annum (both inclusive) Amounts Interest Rates 1 to 7 $ 35,000 % 8 to 15 40,000 16 to 23 40,000 24 to 32 45,000 33 to_ 42 50,000 43°to 53 55,000 54 to 65 60,000 66 to 77 60,000 78 to 91 70,000 92 to •105 70,000 Said interest shall be payable October 1, 1987, and semiannually thereafter on the lst day of April and the lst day of October of each year. If upon presentation at maturity the principal of any Bond is not paid as provided herein, interest shall continue thereon at the same interest rate until the principal thereof is paid in full. Section 3. Maximum Net Effective Interest Rate. The maximum net effective interest rate for the Bonds is 8.5%. The actual net effective interest rate for the Bonds is Section 4. Payment of Principal and Interest. The principal of and interest on the Bonds shall be payable in lawful money of the United States of America to the registered owners of the Bonds by Central Bank of Denver, Denver, Colorado, or its successors, as paying agent (the "Paying Agent"). The principal of and the final interest payment due on the Bonds shall be payable to the registered owner of each Bond upon presentation and surrender thereof at maturity or upon prior redemption. Except as hereinbefore and hereinafter provided, the interest shall be payable to the registered owner of each Bond determined as of the close of business on the regular record date, which shall be the fifteenth (15th) day of the calendar month next preceding the interest payment date, irrespective of any transfer of ownership of the Bond subsequent to the regular record date and prior to such interest payment date, by check or draft mailed to such registered owner at the address appearing on the registration books of the Town maintained by Central Bank of Denver, Denver, Colorado, or its successors, as registrar (the "Registrar"). Any interest not paid when due and any interest accruing after maturity shall be payable to the registered owner of each Bond entitled to receive such interest determined as of the close of business on the special record date, which shall be fixed by the Paying Agent for such purpose, irrespective of any transfer of ownership of the Bond subsequent to such special record date and prior to the date fixed by the Paying Agent for - the payment of such interest, by check or draft mailed as D24783 3 04/28/87 aforesaid. Notice of the special record date and of the date fixed for the payment of such interest shall be given by sending a copy thereof by certified or registered first-class postage prepaid mail, at least ten (10) days prior to the special record date, to the Purchaser and to the registered owner of each Bond upon which interest will be paid determined as of the close of business on the day preceding such mailing, at the address appearing on the registration books of the Town maintained by the Registrar. Section 5. Redemption of Bonds. The Bonds shall be subject to redemption prior to maturity at the option of the Town on any interest payment date, in regular numerical order, at a price equal to the principal amount of each Bond so redeemed plus accrued interest thereon to the redemption date; provided, however, that whenever on any interest payment date there exist in the Town of Vail, Colorado, West Vail Local Improvement District No. 1, Special Assessment Bonds, Bond and Interest Fund (the "Bond Fund") hereinafter described, sufficient funds derived from special assessments exceeding six months' interest on the unpaid principal of the Bonds then outstanding, the Town shall exercise its option to redeem the Bonds to the extent possible. The Bonds shall be redeemed only from moneys pledged to the payment thereof and not from the proceeds of other obligations of the Town. Notice of redemption shall be given by the Paying Agent in the name of the Town by sending a copy thereof by certified or registered first-class postage prepaid mail, at least thirty (30) days but not more than sixty (60) days prior to the designated redemption date, to the Purchaser and to the registered owner of each of the Bonds being redeemed, determined as of the close of business on the date preceding the mailing of such notice, at the address appearing on the registration books of the Town maintained by the Registrar. Such notice shall specify the number of the Bonds to be redeemed and the date fixed for redemption and shall further state that on the redemption date there will be due and payable upon each Bond so to be redeemed the principal amount thereof plus accrued interest thereon to the redemption date, and that from and after such date interest will cease to accrue. Failure to mail any notice as aforesaid or any defect in any notice so mailed with respect to any Bond shall not affect the validity of the redemption proceedings with respect to any other Bond. Any Bonds redeemed prior to maturity by call for prior redemption or otherwise shall not be reissued and shall be cancelled the same as Bonds paid at or after maturity. Section 6. Execution and Authentication of Bonds. The Bonds shall be signed by and on behalf of the Town with the facsimile signature of the Mayor, shall bear a facsimile of the seal of the Town, shall be signed and attested with the facsimile D24783 4 04/28/87 signature of the Town Clerk, and shall be authenticated by the manual signature of a duly authorized officer of the Registrar. Should any officer whose facsimile signature appears on the Bonds cease to be such officer before issuance or authentication of any Bond, such facsimile signature shall nevertheless be valid and sufficient for all purposes. _ No Bond shall be valid or become obligatory for any purpose or be entitled to any security or benefit under this Ordinance unless and until the certificate of authentication on such Bond shall have been duly executed by the Registrar, and such executed certificate upon any such Bond shall be conclusive evidence•-that such Bond has been authenticated and delivered , under this Ordinance. The certificate of authentication on any Bond shall be deemed to have been duly executed by the Registrar if signed by an authorized officer or signatory thereof, but it shall not be necessary that the same officer or signatory sign the certificate of authentication on all of the Bonds. Section 7. Registration and Transfer of Bonds. Upon their execution and authentication and prior to their delivery, the Bonds shall be registered for the purpose of payment of principal and interest with the Registrar. Thereafter, the Bonds shall be transferable only upon the registration books of the Town maintained by the Registrar, by Central Bank of Denver, Denver, Colorado, or its successors, as transfer agent (the "Transfer Agent") at the request of the registered owner thereof or his, her or its duly authorized attorney- in- fact or legal representative. The Registrar or the Transfer Agent shall accept a Bond for registration or transfer only if the registered owner is to be an individual, a corporation, a partnership, or a trust. A Bond may be transferred upon surrender thereof together with a written instrument of transfer duly executed by the registered owner or his, her or its duly authorized attorney-in-fact or legal representative with guaranty of signature satisfactory to the Transfer Agent, containing written instructions as to the details of the transfer, along with the social security number or federal employer identification number of the transferee and, if the transferee is a trust, the names and social security numbers of the settlor and the beneficiary of the trust. Transfers shall be made at the expense of the transferor, and the Transfer Agent may also require payment of a sum sufficient to defray any tax or other governmental charge that may hereafter be imposed in connection with any transfer of Bonds. No registration or transfer of any Bond shall be effective until entered on the _ registration books of the Town maintained by the Registrar and Transfer Agent. Concurrently with the entry of the required information on the registration books the Registrar and Transfer Agent shall enter the required information on the registration panel pertaining to each Bond. The Transfer Agent shall not be required to transfer ownership of any Bond during the fifteen D24783 5 04/28/87 (15) days prior to any interest payment date nor the fifteen (15) days prior to the mailing of any notice of redemption nor to transfer ownership of any Bond selected for redemption on or after the date of such mailing. The Town may deem and treat the person in whose name any Bond is last registered upon the books of the Town maintained by the Registrar as the absolute owner thereof for the purpose of receiving payment of the principal of and interest on such Bond and for all other purposes, and all such payments so made to such person or upon his, her or its order shall be valid and effective to satisfy and discharge the liability of the Town upon such Bond to the extent of the sum or sums so paid, and the Town shall not be affected by any notice to the contrary. Section 8. Form of Bonds. The Bonds and the registration panels pertaining thereto and the form of assignment to be used for transfers of the Bonds shall be in substantially the following form: D24783 6 04/28/87 [Form of Bond] (Text of Face) UNITED STATES OF AMERICA 5TATE OF COLORADO COUNTY OF EAGLE ~ TOWN OF VAIL WEST VAIL LOCAL IMPROVEMENT DISTRICT NO. 1 SPECIAL ASSESSMENT BOND No. R- ' $5,000 Interest Maturity CUSIP Rate Date Dated Number % October 1,1997 June 1, 1987 The Town of Vai 1( the "Town" in the County of Eagle and State of Colorado, for value received, hereby promises to pay to the Registered Owner hereof whose name, address and identification number appear on the registration panel attached hereto, solely out of the special funds hereinafter described but not otherwise, the Principal Sum of FIVE THOUSAND DOLLARS in lawful money of the United States of America, on the Maturity Date (specified above), with interest thereon from the date hereof to the Maturity Date, except if redeemed prior thereto, at the per annum Interest Rate (specified above), payable semiannually on the lst day of April and the lst day of October of each year, commencing on October 1, 1987, all in the manner provided herein. If upon presentation at maturity payment of the Pxincipal Sum of this Bond is not made as provided herein, interest continues at the Interest Rate until the Principal Sum i s paid in full. This Bond is one of a series which is subject to redemption prior to its Maturity Date at the option of the Town on any interest payment date, in regular numerical order, at a price equal to the principal amount thereof plus accrued interest thereon to the redemption date; provided, however, that whenever on any interest payment date there exist in the Town of Vail, Colorado, West Vail Local Improvement District No. 1, Special D24783 7 04/28/87 Assessment Bonds, Bond and Interest Fund hereinafter described, sufficient funds derived from special assessments exceeding six months' interest on the unpaid principal of the Bonds of this issue then outstanding, the Town is obligated to exercise its option to redeem such Bonds to the extent possible. This Bond may be redeemed only from moneys pledged to the payment hereof and not from the proceeds of any other obligation of the Town. m Notice of redemption of any Bonds is to be given by the paying agent in the name of the Town by sending a copy of such notice by certified or registered first-class postage prepaid mail, at least thirty (30) days but not more than sixty (60) days prior to, the designated redemption date, to Kirchner Moore & . Company, Denver, Colorado, and to the registered owner of each of the Bonds being redeemed, determined as of the close of business on the day preceding the mailing of such notice, at the address appearing on the registration books of the Town maintained by ttie registrar. Such notice is to specify the number of the Bonds to be redeemed and the date fixed for redemption and is further to state that on the redemption date there will be due and payable upon each Bond so to be redeemed the principal amount thereof plus accrued interest thereon to the redemption date, and that from and after such date interest will cease to accrue. Failure to mail any notice as aforesaid or any defect in any notice so mailed with respect to any Bond does not affect the validity of the redemption proceedings with respect to any other Bond. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THI5 BOND SET FORTH ON THE REVERSE HEREOF. This Bond is not and shall not be considered or taken to be a general obligation or indebtedness of the Town within the meaning of any requirement or limitation imposed by law. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under thn Ordinance authorizing the issuance of this Bond until the certificate of authentication hereon shall have been signed by the registrar. IN WITNESS WHEREOF, the Town of Vail, Colorado, has caused this Bond to be signed in its name and on its behalf with the facsimile signature of the Mayor of the Town, to be sealed D24783 8 04/28/87 with a facsimile seal of its seal, and to be signed and attested with the facsimile signature of its Town Clerk. TOWN OF VAIL, COLORADO (FAC5IMILE) By: (Facsimile SiQnature) ( SEAL ) Mayor ATTEST: (Facsimile Siqnature) Town Clerk D24783 9 04/28/87 CERTIFICATE OF AUTHENTICATION This Bond is one of the series issued pursuant to the Ordinance therein described. Printed on the reverse hereof is the complete text of the opinion of bond counsel, Ballard, Spahr, Andrews & Ingersoll, Denver, Colorado, a signed copy of which, dated the date of original issuance of the Bonds therein described, is on file with the undersigned. Central Bank of Denver a banking corporation as Registrar By: (Manual Signature) Authorized Officer DATED: D24783 10 04/28/87 (Text of Reverse) The principal of and interest on this Bond are payable to the Registered Owner hereof by Central Bank of Denver, Denver, Colorado, or its successors, as paying agent. The principal of and the final interest payment due on this Bond are payable to the Registered Owner hereof upon presentation and surrender of this Bond at maturity or upon prior redemption. Except as hereinbefore and hereinafter provided, the interest is payable to the Registered Owner hereof determined as of the close of business on the regular record date, which is to be the fifteenth (15th) day of the calendar month 'next preceding the interest payment date, irrespective of any transfer of ownership hereof subsequent to the regular record date and prior to such interest payment date, by check or draft mailed to the Reqistered Owner at the address appearing on the registration books of the Town maintained by Central Bank of Denver, Denver, Colorado, or its successors, as registrar. Any interest hereon not paid when due and any interest hereon accruing after maturity is payable to the Registered Owner of this Bond determined as of the close of business on the special record date, which is to be fixed by the paying agent for such purpose, irrespective of any transfer of ownership of this Bond subsequent to such special record date and prior to the date fixed by the paying agent for the payment of such interest, by check or draft mailed as aforesaid. Notice of the special record date and of the date fixed for the payment of such interest is to be given by sending a copy thereof by certified or registered first-class postage prepaid mail, at least ten (10) days prior to the special record date, to Kirchner Moore & Company, Denver, Colorado, and to the registered owner of each Bond upon which interest will be paid determined as of the close of business on the day preceding such mailing, at the address appearing on the registration books of the Town maintained by the registrar. This Bond is one of a series of special assessment bonds in the aggregate principal amount of $525,000 (the "Bonds") issued for the purpose of defraying the costs of constructing and installing certain improvements to streets, including, but not limited to, preparation and paving, drainage, lighting and safety, and improvements to the sanitary system, including, but not limited to, a new sewer main in and for Town of Vail, Colorado, West Vail Local Improvement District No. 1, by virtue of and in full conformity with the Constitution of the State of Colorado, the home rule Charter of the Town and Chapter 20.04 of the Code of the Town, and pursuant to and under the authority of an Ordinance of the Town Council duly adopted prior to the issuance of this Bond. It is hereby recited, certified and warranted that all the requirements of law have been fully complied with by the proper officers of the Town in issuing this Bond. D24783 11 04/28/87 This Bond and the interest hereon are payable solely from, and as security for such payment there is exclusively pledged, a special fund designated as the Town of Vail, Colorado, West Vail Local Improvement District No. 1, Special Assessment Bonds, Bond and Interest Fund (the "Bond Fund"), into which there has been initially deposited accrued interest and capitalized interest on the Bonds and any proceeds of the Bonds remaining in the Town of Vail, Colorado, West Vail Local Improvement District No. 1- Construction Fund after the cost "of the aforesaid improvements has been paid in full and into which there is thereafter to be deposited moneys collected on account of assessments hereafter to be levied against the property within Town of "Vail, Colorado, West Vail Local Improvement District No. 1 and specially benefited by the construction and installation of the improvements therein. Bonds of this issue, together with any bonds of other special or local improvement districts of the Town are additionally secured by moneys deposited in the special Surplus and Deficiency Fund of the Town. Whenever there is a deficiency in the Bond Fund for the payment of principal of or interest on this Bond, the deficiency is to be paid by transferring moneys from the special Surplus and Deficiency Fund to the Bond Fund. The Ordinance authorizing the issuance of this Bond provides that whenever three-fourths (3/4) of the Bonds of this issue have been paid and cancelled and for any reason the remaining assessments are not paid in time to redeem the remaining Bonds and to pay the interest thereon, and there are not sufficient funds in the special Surplus and Deficiency Fund to do so, then the Town shall pay the remaining Bonds when due and the interest thereon and reimburse itself by collecting the unpaid assessments due. The Town covenants with the Registered Owner of this Bond that it will levy and collect the assessments against the property specially benefited and deposit the same into the Bond Fund and that it will diligently enforce the lien of any unpaid assessment against the property charged therewith. The Town further covenants with the Registered Owner of this Bond that it will keep and perform all of the covenants of this Bond and of the Ordinance authorizing the issuance hereof. Reference is hereby made to said Ordinance for a description of the provisions, terms, and conditions upon which this Bond is issued and secured, including, without limitation, the nature and extent of the security for this Bond, the collection and disposition of the special assessments and moneys charged with and pledged to the payment of this Bond, the special funds referred to above, and the nature and extent of the security and pledge afforded . thereby for the payment of this Bond, the rights, duties and obligations of the Town and its Council, and the rights and remedies of the Registered Owner of this Bond. D24783 12 04/28/87 It is hereby recited, certified and warranted that the total issue of Bonds of the Town for Town of Vail, Colorado, West Vail Local Improvement District No. 1, including this Bond, does not exceed any limitation imposed by law; that every requirement of law relating to the creation of said District, the construction and installation of the aforesaid improvements, the preparation for levying of the aforesaid assessments, and the issuance-of this Bond has been fully complied with by the proper officers of the Town; that all acts, conditions and things required by law to be done precedent to and in the issuance of this Bond have been properly done; and that this Bond does not contravene any constitutional or statutory provision of the State of Colorado or provision of the home rule Charter or ordinances of the Town. For the payment of this Bond and the interest hereon, the Town pledges the exercise of all of its lawful corporate powers. This Bond is transferable only upon the registration books of the Town maintained by the registrar, by Central Bank of Denver, Denver, Colorado, or its successors, as transfer agent, at the request of the Registered Owner or his, her or its duly authorized attorney-in-fact or legal representative, upon surrender hereof with a written instrument of transfer duly executed by the Registered Owner or his, her or its duly authorized attorney-in-fact or legal representative with guaranty of signature satisfactory to the transfer agent, containing written instructions as to the details of the transfer, along with the social security number or federal employer identification number of the transferee and, if the transferee is a trust, the names and social security numbers of the settlor and beneficiary of the trust. Transfers are to be made at the expense of the transferor, and the transfer agent may also require payment of a sum sufficient to defray any tax or other governmental charge that may hereafter be imposed in connection with any transfer of Bonds. No registration or transfer of this Bond shall be effective until entered on the registration books of the Town maintained by the registrar. Upon such transfer the registrar will enter the date of registration and the name, address, and social security number or federal identification number of the new registered owner of this Bond on the registration panel attached hereto. The transfer agent is not required to transfer ownership of this Bond during the fifteen (15) days prior to any interest payment date nor the fifteen (15) days prior to the mailing of any notice of redemption or to transfer ownership of any Bond selected for redemption on or after the date of such mailing. The Town may deem and treat the person in whose name this Bond is last registered upon the books of the Town maintained by the registrar as the absolute owner hereof for the purpose of receiving payment of the principal of D24783 13 04/28/87 and interest on this Bond and for all other purposes, and all such payments so made to such person or upon his order will be valid and effective to satisfy and discharge the liability of the Town upon this Bond to the extent of the sum or sums so paid, and the Town will not be affected by any notice to the contrary. D24783 14 04/28/87 ' (Registration Panel) This Bond is registered in the principal corporate trust offices of Central Bank of Denver, Denver, Colorado, or its successors, as registrar, in the name of the owner listed below, and the principal of and interest on this Bond shall be payable only to such owner. ~ Signature of Name, Address, and of Authorized Date of Identification Number of Officer Registration Registered Owner of Registrar D24783 15 04/28/87 (Assignment) A5SIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE (Name and Address of Assignee) the attached Bond and does hereby irrevocably constitute and appoint Central Bank of Denver, Denver, Colorado, or its successors, as transfer agent, to transfer said Bond on the books kept for registration thereof. Dated: Signature guaranteed: (Bank, Trust Company or Firm) NOTICE: The signature to this assignment must correspond with the name of the Registered Owner as it appears upon the registration panel of the attached Bond in every particular without alteration or enlargement or any change whatever. Transfer Fee Required [End of Form of Bond] . D24783 16 04/28/87 ' Section 9. Delivery of Bonds; Application of Proceeds; Construction Eund. The Bonds, when executed, authenticated and registered as provided by law, shall be delivered by the Town to the Purchaser upon receiving full payment therefor. The proceeds of the Bonds, excluding accrued interest and capitalized interest, shall be deposited into and there is hereby created the Town of Vail, Colorado, West Vail Local Improvement District No. 1 Construction Fund (the "Construction Fund"), and used only to pay the costs and expenses of constructing and installing the Improvements and costs and expenses incidental thereto. The proceeds derived from the Bond sale shall be used for the purposes stated herein and for no other purposes, provided, however, that any portion of the Bond proceeds may be temporarily invested pending such use, with such temporary investment to be made consistent with the covenant hereinafter made concerning arbitrage bonds. Neither the Purchaser nor the registered owner of any Bond shall be in any way responsible for the application of the proceeds of the Bonds by the Town or any of its officers. Section 10. Bond Fund. The Bonds and the interest thereon shall be payable solely from, and there is hereby created, the Town of Vail, Colorado, West Vail Local Improvement District No. 1, Special Assessment Bonds, Bond and Interest Fund (the "Bond Fund"), into which there shall initially be deposited accrued interest and capitalized interest on the Bonds and any proceeds of the Bonds remaining in the Construction Fund after the cost of the Improvements has been paid in full and into which there shall thereafter be deposited all moneys collected on account of assessments to be- levied against the property within the District and specially benefited by the construction and installation of the Improvements therein. The moneys in the Bond Fund shall be used for the purpose of paying the principal of and interest on the Bonds and for no other purpose whatsoever until the Bonds, both principal and interest, have been fully paid and discharged, and as security for such payment the Bond Fund is hereby exclusively pledged. Section 11. Surplus and Deficiency Fund. In the event that less than all the moneys in the Bond Fund are expended to pay and discharge the principal of and interest on all of the Bonds, any remaining sums shall be transferred upon the payment of all of the Bonds to the Special and Local Improvement District Surplus and Deficiency Fund (the "Surplus and Deficiency Fund"). The Bonds, together with any bonds of other special or local improvement districts of the Town, shall be additionally secured by moneys deposited in the Surplus and Deficiency Fund, the Surplus and Deficiency Fund to consist of moneys remaining to the credit of any special or local improvement districts now existing or hereafter created, the bonds of which have been paid in full, both principal and interest. Whenever there is a deficiency in D24783 17 04/28/87 the Bond Fund for the payment of principal of or interest on the Bonds, the deficiency shall be paid by transferring moneys from the Surplus and Deficiency Fund to the Bond Fund. In the event that such a deficiency cannot be so paid, the Council may, in consideration of general benefits conferred upon the Town at large from the construction and installation of the Improvements, levy taxes on all taxable property within the Town at a rate to be determined by the Council, or in lieu of such action transfer other-available funds of the Town, for the purpose of advancing moneys to pay such deficiencies. The proceeds of such taxes or such other available funds shall be placed in the Surplus and Deficiency Fund and disbursed only for the purposes herein specified. Whenever three-fourths (3/4) of the Bonds have been . paid and cancelled and for any reason the remaining assessments are not paid in time to redeem the remaining Bonds and to pay the interest thereon, and there are not sufficient funds in the Surplus and Deficiency Fund to do so, then the Town shall pay the remaining Bonds when due and the interest thereon and reimburse itself by collecting the unpaid assessments due. The obligations created by the payment provisions herein shall not be construed or held to make the Bonds general obligations of the Town and the registered owners of the Bonds shall have no claim on any general or other fund for the payment thereof, except as herein provided. Section 12. Tax Matters. The Town covenants with the owners of the Bonds that it will make no investment or other use of the proceeds of the Bonds at any time during the term thereof which, if such investment or other use had been reasonably expected on the date the Bonds are issued, would have caused the Bonds to be arbitrage bonds within the meaning of Section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), and the regulations promulgated thereunder and that the Town will comply with the requirements of such Section and regulations throughout the term of the Bonds. The Town hereby designates the Bonds as "qualified tax-exempt obligations" under Section 265(b)(3) of the Code. Section 13. Assessments. The Council shall cause the assessments to be levied and collected as provided by law for the benefit of the registered owners of the Bonds. All assessments made, together with all interest thereon and penalties for default in payment thereof, shall be a lien in the several amounts assessed against each property from the effective date of the assessing ordinance and shall be a prior and superior lien over all other liens excepting general tax liens and assessment liens previously levied; provided, however, that no lien shall attach to any tract of land so assessed which is owned by the State of Colorado, or any agency or instrumentality thereof, or any county, municipality, school district, special or , D24783 18 04/28/87 quasimunicipal district, other political subdivision or private corporation operating a public utility. The Council will further cause the lien of any unpaid assessment to be diligently enforced against the property charged therewith. Section 14. Bookkeeping and Records. So long as any of_ the Bonds remain outstanding, the Town will keep or cause to be kept..by Eagle County, Colorado, true and accurate books of records and accounts showing full and true entries covering the collection and disposition of the assessments and any delinquencies in the collection thereof, covering deposits and disbursements in each of the special funds herein described, covering 'the payment of the Bonds, both principal and interest, - and covering disbursements to defray the costs and expenses of the Improvements. The Town will permit inspection and examination of all such books and notices maintained or received by the Town at any reasonable time by the Purchaser or the registered owner of any Bond. Section 15. Rights and Remedies. The registered owner of any Bond shall have the right and power for the equal benefit and protection of all registered owners of Bonds similarly situated: a. By mandatory injunction or other suit, action, or proceeding at law or in equity to enforce his rights against the Town and to require and compel the Town to perform and carry out its duties, obligations, or other commitments under this Ordinance and under its covenants and agreements with the registered owners of the Bonds; b. By action or by suit in equity to require the Town to account as if it were the trustee of an express trust; c. By action or by suit in equity to have appointed a receiver, which receiver may take possession of any accounts and may collect, receive, and apply all revenues or other moneys pledged for the payment of the Bonds in the same manner as the Town itself might do; d. By action or by suit in equity to enjoin any acts or things which might be unlawful or might be in violation of the rights of the registered owners of the Bonds; and e. To bring suit upon the Bonds. No right or remedy conferred by this Ordinance upon the registered owner of any Bond or any trustee therefor is intended . to be exclusive of any other right or remedy, but each such right D24783 19 04/28/87 or remedy is cumulative and is in addition to every other right or remedy and may be exercised without exhausting and without regard to any other remedy conferred by this Ordinance or by any other law. The failure of the registered owner of any Bond so to proceed as provided herein shall not relieve the Town of any obligation to perform or to carry out any duty, obligation, or other commitment. " Section 16. Lost, Destroved or Wronqfullv Taken Bonds. If any outstanding Bonds shall become lost, apparently destroyed or wrongfully taken, it may be reissued in the form and tenor of the lost, destroyed or taken Bond upon the owner furnishing, to the satisfaction of the Council: (a) proof of ownership, (b) - proof of loss or destruction, (c) a surety bond in twice the amount of the Bond in question and (d) payment of the cost of preparing and issuing the new Bond. Section 17. Ratification of Actions. All actions heretofore taken by the Town and by the officers of the Town not inconsistent herewith directed toward the creation of the District, the construction and installation of the Improvements and the authorization, issuance and sale of the Bonds are hereby ratified, approved and confirmed. Section 18. Facsimile Siqnatures. Pursuant to the Uniform Facsimile Signature of Public Officials Act, part 1 of article 55 of title 11, Colorado Revised Statutes, as amended, the Mayor and the Town Clerk shall forthwith, and in any event prior to the time the Bonds are delivered to the Purchaser, file with the Colorado Secretary of State their manual signatures certified by them under oath. Section 19. Authorized Acts. The officers of the Town are hereby authorized and directed to enter into such agreements and take all action necessary or appropriate to effectuate the provisions of this. Ordinance and to comply with the requirements of law, including, without limiting the generality of the foregoing: a. The printing of the Bonds herein authorized, including the printing upon each of the Bonds a copy of the approving legal opinion of Ballard, Spahr, Andrews & Ingersoll, bond counsel; and b. The execution of such certificates as may be reasonably required by the Purchaser of the Bonds relating to the signing of the Bonds, the tenure and identity of the . Town officials, if in accordance with the facts, the absence of litigation, pending or threatened, affecting the validity of the Bonds, and the exemption from federal income taxation of the interest on the Bonds and receipt of the Bond purchase price; and D24783 20 04/28/87 ~ c. The making of various statements, recitals, certifications and warranties provided in the form of Bond set forth in this Ordinance; and d. The payment of the interest on the Bonds as the same shall become due and the principal of the Bonds at maturity or upon prior redemption without further warrant or order. Section 20. Repealer of Measures. All ordinances, resolutions, acts, orders, or parts thereof, of the Town and in conflict with this Ordinance are hereby repealed, except that this repealer shall not be construed so as to revive any . ordinance, resolution, act, order, or part thereof heretofore repealed. Section 21. Ordinance Irrepealable. This Ordinance is, and shall constitute, a legislative measure of the Town, and after the Bonds hereby authorized are issued, sold, and are outstanding, this Ordinance shall constitute a contract between the Town and the registered owner or owners of the Bonds, and shall be and remain irrepealable until the Bonds and the interest accruing thereon shall have been fully paid, satisfied and discharged. Section 22. Severabilitv. If any paragraph, clause or provision of this Ordinance is judicially adjudged invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining paragraphs, clauses or provisions hereof, the intention being that the various paragraphs, clauses or provisions hereof are severable. Section 23. Recording; Effective Date. This Ordinance, after its final passage, shall be recorded in a book kept for that purpose, shall be authenticated by the signatures of the Mayor and the Town Clerk, shall be published as provided in the Charter of the Town and shall take effect five (5) days after publication following final passage. Section 24. Public Hearinq. A public hearing on this Ordinance will be held at the Vail Municipal Building in Vail, Colorado, on Tuesday, May 19, 1987, at 7:30 p.m. and notice of such hearing is authorized to be given by publication once in The Vail Trail on May 8, 1987. D24783 21 04/28/87 INTRODUCED, READ, APPROVED ON FIRST READING, AND ORDERED PUBLISHED ONCE IN FULL this 5th day of May, 1987. TOWN OF VAIL, COLORADO By: (TOWN) Mayor (SEAL) ATTEST: Town Clerk D24783 22 04/28/87 48~i ow75 south frontage road vail, colorado 81657 (303) 476-7000 MEMORANDUM TO: Ron Phillips FROM: Steve Barwick DATE: May 1, 1987 RE: 1986 Fiscal Year End Report 1986 turned out to be an excellent financial year for the Town of Vail. During the 1986 budget process the Town was faced with a major uncertainty in the availability and price of its insurance along with the normal uncertainties in weather, skier visits, sales tax growth, building activity and utility costs. Fortunately, with the single exception of sales tax growth, all of these factors turned out quite well for the Town and resulted in fund balance increases. The most significant financial result of the year was an increase in the General Fund balance from $846,671 to $1,651,918, an increase of $805,247! This growth took place primarily due to higher than expected building revenues, savings in insurance, fuel and heating costs, consolidation of funds and the conservative approach to both revenue and expense forecasting used in the original budget process. The Capital Projects Fund also enjoyed an increase in fund balance from $380,028 to $469,991. More importantly, the Town was able to accomplish most of its capital maintenance and construction goals including expanded road and street maintenance, acquisition of a Town Manager's residence, installation of a new computer system and installation of a separate Vail Fire Department radio frequency. Several authorized capital projects were not completed in 1986 and must be treated as supplemental appropriations in 1987. A list of these projects totaling $127,100 is included on page 5 of the attached report. YEAR END REPORT MAY l, 1987 PAGE 2 The Real Estate Transfer Tax Fund experienced an increase in fund balance of $229,540. The fund balance now stands at $2,440,576 which leaves approximately $1.1 million available for property acquisition and/or improvement. The cumulative increase in fund balance for the Town amounted to $1,059,397. The Town financial condition should now be considered as excellent with reserve balances adequate to handle any foreseeable short term problem. The Town staff policy recommendations for minimum fund balances will be brought to Council in the near future. These recommended levels will based upon simulations of a variety of weather-related disruptions to the Vail economy. SHB/ds cc: Town Council Charlie Wick TOWN OF VAIL 1986 FISCAL REPORT May l, 1987 voclrLytiL Revised: 4/30/1987 , STATEMENT OF CHANGES IN FUND BALANCE 1/1/86 - 12/31/86 . REAL ESTATE SPEC. PARKING ; ~ ' GENERAL CAPITAL TRANSFER ASSESSMENT FUNDPROJECTS FUND TAX FUND FUND ; TOTAL ; FUND BALANCE 1/1/86 846,671 380,028 2,211,036 124,397 ! 3,562,132 ! 1986 Revenue 9,788,131 4,164,104 1,453,436 110,893 ; 15,516,564 , 1986 Expenditures 9,039,774 4,126,018 1,223,896 67,479 ; 14,457,167 ! Gain/(Loss) 748,357 38,086 229,540 43,414 ; 1,059,397 ; EQUITY TRANSFERS f-+ Dobson Ice Arena Fund ( 30,085) Recreation Programs Fund ( 9,200) Transportation Center Fund 12,655 Computer ProJect Fund 3,999 Vail Muncpl. Bldg. Auth. Fund 49,860 Big Horn Assessment Fund 29,661 Recreation Amenities Fee Fund 51,877 ' ' UND BALANCE 12/31/86 1,651,918 469,991 2,440,576 167,811 ; 4,730,296 ; _ ~ , . • • • r i xevisea: 4/29/1987 ' TOWN OF VAIL " 1986 FISCAL YEAR FINANCIAL REPORT VARIANCE ACCOUNT _________86_BUDGET 86 ACTUAL OVER/(UNDER) EXPLANATION O1 GENERAL FUND REVENUE O1 317 PROPERTY TAXES 1,387,100 1,459,270 72,170 01 318 SPEC OWNSHP TAXES 50,300 68,892 18,592 O1 320 RETAIL SALES TAX 4,052,055 3,956,960 ( 95,095) O1 321 SKI LIFT TAX 535,000 596,335 61,335 O1 322 COUNTY SALES TAX 130,000 120,815 ( 9,185) 01 323 FRANCHISE FEE/PUB SERV. 33,500 23,026 ( 10,474) 01 324 FRANCHISE FEE/MTN. BELL 25,500 30,671 5,171 01 325 FRANCHISE FEE/HOLY CROSS 215,500 236,369 20,869 01 326 FRANCHISE FEE/CABLE TV 31,000 26,016 ( 4,984) 01 328 PENALTY AND INTEREST 7,000 6,954 ( 46) Subtotal TAXES ° 6,466,955 6,525,308 58,353 01 330 RESTAURANT LICENSES 3,500 3,135 ( 365) 01 331 GEN BUSINESS LICENSES 67,700 66,800 ( 900) 01 332 LIQUOR LICENSES 6,200 5,441 ( 759) 01 333 CONTRACTORS LICENSES 22,500 21,110 ( 1,390) " 01 336 BUILDING PERMITS 49,500 114,213 64,713 Increased building activity 01 337 PLUMBING PERMITS 7,500 16,548 9,048 Increased building activity 01 338 MECHANICAL PERMITS 9,400 24,320 14,920 Increased building activity . 01 339 ELECTRICAL PERMITS 16,200 29,876 13,676 Increased building activity 01 340 STREET CUT PERMITS 10,800 4,205 ( 6,595) 01 341 CLEANUP DEPOSITS 0 56,725 56,725 Forfeited de osits Prom I 01 342 CONDITIONAL USE PERMITS 7,000 7,898 898 P Past years 01 344 COM DEV APPLICATION FEES 800 1,142 342 " 01 345 POLICE ALARM LICENSE FEE 37,000 35,101 ( 1,899) ' 01 346 DOG LICENSES 1,000 1,376 376 01 347 PARKING SIGN SALES 11000 721 ( 279) r Subtotal LICENSES & PERMITS 240,100 388,611 148,511 O1 352 CIGARETTE TAX 120,000 115,503 ( 4,497) 01 354 HIGHWAY USERS TAX 55,988 86,666 30,678 Increase in State , 01 355 ADD MOTOR VEHICLE REG. 13,500 15,031 1,531 g$s tax 01 357 COUNTY ROAD & BRIDGE FUND 210,100 221,749 11,649 Subtotal INTERGOVERNMENTAL REVENUE 399,588 438,949 39,361 01 361 OUT OF DIST. FIRE RESP 25,000 18,433 ( 6,567) _ 01 362 SNOW REMOVAL 5,000 10 ( 4,990)Shown under Contracted Mun. Serv.f , 01 363 SPECIAL POLICE SERVICES 3,000 4,243 1,243 - 01 364 CONTRACTED MUN. SERVICES 198,200 172,274 ( 25,926) O1 365 DISPATCHING 23,700 23,760 60 01 366 LIQUOR LIC HEARING FEES 6,500 10,624 4,124 01 367- PITKIN CREEK ADMIN REV. 3,500 1,500 ( 2,000) 01 368 ELEC. INSPECTION SERVICES 1,200 7,262 6,062 01 369 DESIGN REVIEW FEES 2,000 4,130 2,130 01 370 PLAN CHECK FEES 21,300 68,157 46,857 Increased building activity O1 371 ZONING MAPS 700 1,638 938 O1 372 LIBRARY 1,000 ' 207 ( 793) O1 375 SYMPOSIUM 60,000 38,797 ( 21,203) . 01 380 MANAGEMENT FEE/VMRD 45,600 45,450 " ( 150) , _ ~ , . .......:,v~,.:a~ , Subtotal CHARGES FOR SERVICES 396,700 396,485 ( 215) 01 381 MUNICIPAL COURT REST. 2,000 17,564 15,564 01 382 COURT COST & E'EES 3,500 2,111 ( 1,389) 01 385 PARKING FINES 39,000 38,406 ( 594) 01 386 ANIMAL CONTROL FINES 1,500 1,300 ( 200) - 01 387 MOVING VIOLATION FINES 13,000 17,432 4,432 01 388 OTHER EINES 25,000 19,539 ( 5,461) O1 389 TOWING 18,000 18,606 606 Subtotal FINES & FORFEITS 102,000 114,958 12,958 01 391 EARNINGS ON INVESTMENTS 60,000 105,547 45,547 01 392 RENTS FROM BUILDINGS 50,000 47,026 ( 2,974) 01 393 POLICE LOST AND FOUND 1,000 723 ( 277) 01 394 INS. CLAIMS PROCEEDS 25,000 20,437 ( 4,563) 01 395 MISC SALES/BOOKS/ETC. 13,000 12,834 ( 166) 01 396 EMPLOYEE DENTAL INS REV 2,500 2,330 ( 170) 01 397 TRANSFER FROM OTHER FUNDS 168,750 111,853 ( 56,897)VMBA trans. shown as equity trans. 01 398 FALLRIDGE BUS CONTRACT 3,750 3,750 p O1 399 MISCELLANEOUS 30,000 65,197 35,197 Subtotal OTHER 354,000 369,697 15,697 TRANSPORTATION CENTER 1,072,000 1,025,903 ( 46,097) - RECREATION PROGRAMS 211,375 225,336 13,961 DOBSON ICE ARENA 280,150 302,88422,734 GENERAL FUND REV TOTAL $9,522,868 $9,788,131 $265,263 2 u ~c i ir a TOWN OF VAIL 1986 FISCAL YEAR ° FINANCIAL REPORT ' GENERAL FUND EXPENDITURES VARIANCE 86 BUDGET 86 ACTUAL OVER/(UNDER) EXPLANATION Town Council 79,350 86,103 6,753 Additional W. Vail annexation costs Municipal Court 88,063 82,893 ( 5,170) Town Manager 129,127 126,575 ( 2,552) Administrative Services 452,516 447,010 ( 5,506) Town Attorney 99,893 112,081 12,188 Add'1 outside legal fees & codiPication Office Support 178,181 180,078 1,897 Community Development 415,739 396,897 ( 18,842) $13,000 Rec. study unspent (in 87 budget) Police 1,628,459 1,605,993 ( 22,466) Fire 681,331 683,166 1,835 Public Works 1,301,771 1,364,966 63,195 Heavy Equip. costs $85,000 over budget. Transportation 1,187,447 1,100,180 ( 87,267) Salaries, insurance, miscellaneous Library 404,123 397,749 ( 6,374) Contributions & Special Events 267,650 271,675 4,025 Symposium 60,500 55,149 ( 5,351) Transportation Center 798,546 734,133 ( 64,413) Utility savings -$57,500 Dobson Arena 480,809 457,639 ( 23,170) Part of X-mas show expense wil be in '87 Recreation 530,884 539,733 8,849 Employee Benefits 166,500 132,400 ( 34,100) Bonus -$19,206, Wrkrs. Comp. -$16,469 Insurance 473,000 265,354 ( 207,646) Various premiums decreased. TOTAL ~ 9,423,889 9,039,774 ( 384,115) w * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * OPEN SPACE & CAPITAL IMPROV. VARIANCE 86 BUDGET' 86 ACTUAL OVER/(UNDER) EXPLANATION REVENUE Retail Sales Tax 3,195,945 3,120,742 ( 75,203) Resort Fee 535,000 596,335 61,335 County Sales Tax 130,000 120,814 ( 9,186) Interest Earnings 40,000 42,322 2,322 Street Use Tax 56,000 122,049 66,049 Recreation Amenities Fees 16,000 118,658 102,658 Miscellaneous 0 43,184 43,184 TAL REVENUE 3,972,945 4,164,104 191,159 EXPENSE Street Pro3ects 385,000 409,572 24,572 Other Capital Projects 618,401 548,900 ( 69,501) Transfer to Debt Service 2,842,578 2,997,423 154,845 Transfer to Build. Authority 33,000 44,346. 11,346 Transfer to Computer Proj. 125,777 125,777 0 TOTAL EXPENSE 4,004,756 4,126,018 121,262 NET GAIN/(LOSS) ( 31,811) 38,086 ~ . HEAVY EQUIP. FUND VARIANCE ________86_BUDGET 86 ACTUAL OVER/(UNDER) EXPLANATION REVENUES 1,000,000 903,615 ( 96,385) EXPENSES 1,001,017 917,677 ( 83,340) Insurance costs over budSet by $35,626. NET GAIN/(LOSS) ( 1,017) ( 14,062) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * REAL ESTATE TRANSFER TAX FUND VARIANCE ________86 BUDGET 86 ACTUAL OVER/(UNDER) EXPLANATION REVENUES 1,055,000 1,453,436 398,436 EXPENSES 1,220,560 1,223,896 3'336 Trans. oP Open Space exPense from OSCIF. NET GAIN/(LOSS) ( 165,560) 229,540 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * :k * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * SPECIAL PARKING ASSMNT. FUND VARIANCE ________86 BUDGET 86 ACTUAL OVER/(UNDER) REVENUES 55,000 110,893 55,893 EXPENSES 58,000 67,499 9,479 NET GAIN/(LOSS) 3,000) 43,414 ' . ~ 86FYRPTI TOWN OF VAIL Projects Not Completed in 1986 REQUIRED IN 1986 1986 1987 FOR FUND PROJECT BUDGET EXPENSES COMPLETION . - Cap. Proj. Teen Center Remodel 63,000 83,847 2,500 Cap. Proj..; People Mover Study 16,000 0 24,000 Cap. Proj. 4 Way Stop Improvements 50,000 15,775 54,000 Cap. Proj. Arena Mechanical Dampers 9,000 0 9,000 Cap. Proj. Old Town Shops Remodel 20,004 7,671 33,600 Cap. Pro3. Town Manager's Residence 227,000 224,578 4,000 CAPITAL PROJECTS FUND TOTAL 385,000 331,871 127,100 General Recreation Strategic Plan 12,000 0 12,000 Total amount needed to complete 1986 Pro3ects: $139,100 5 ~ ~dSthOf APR 2 9 1987 6ramshammer, lnf. Telephone: 303/476-5626 Pepi Gramshammer 231 East Gore Creek Drive Sheika Gramshammer Vail, Colorado 81657 April 29, 1987 Town of Vail Vail, Colo. 81658 ' attn.: Ron Phillips - Dear Ron: I would like to thank you for coming over and discussing with me my parking problem. As you know I am rebuilding the entrance to Gasthof Gramshammer and I would like to improve the whole area. THe concrete around the fountain area, next to my hotel, is cracking and crumbling and it looks very bad. This area needs fixing immediately. I would like to extend the flower planter for approximately 5 feet, which is partly on town property. I also would like to install a new parking control gate to solve my parking problem. Right now cars are always parked in the narrow section between the existing flower planter and the Fountain Cafe. With the new gate no one could park there and obstruct the entrance on the east side to the Fountain Cafe. I would like to propose to the town of Vail to sell to Gasthof Gramshammer the area in question, which is approximately 225 squ. feet to accomplish the improvement. Wheri you look at the plot plan you will see that it is a very logical solution to the parking problem and it will fit the setting very well without much of a change to the existing look, only better. Thank you for your consideration and hope to hear from you very soon. -S1"rit^grely Q 4 G? t . Pepi Gramshammer . ! . si 490 . , , Q ~ u Q ~ W . ~ a~w s~{2vI cE = > o ^ ~',~oF ~?~51~AMM~1~ ~ ~ ~ U 05 v ~ gc~ o p ~o o J~, . - ~ r - . " 412 ~ 87 d~, 4.n MEMORANDUM TO: RON PHILLIPS FROM: STAN BERRYMAN DATE: APRIL 28, 1987 RE: -VAIL TRANSPORTATION AND PARKING TASK FORCE - INTERIM REPORT The Transportation and Parking Task Force met on March 5 and April 9, 1987 to discuss a number of issues. Each issue, - backgrovnd and task force recommendation is described in the attached report. Mar 5 Meeting Attendance: Cail Lowenthal, Joe Macy, Kurt Mulson, Ron Phillips, Rich Perske (CDOH), Jim Bragdon (CDOH), Peter Patten, Stan Berryman, 5kip Gordon, Mike Rose. April 9 Meeting Attendance: Panl Johnston, HermannStaufer, Duane Piper, Dave Gorsuch, Georqe Knoa, Rich Perske (CDOH), Lee Metcalfe, Ron Phillips, Ken Hughey, Stan Berryman, Skip Gordon, Mike Rose. 1. Vail Villaae Trvck Loadina Backarovnd: The Town has received numerous complaints from guests regarding the increasing number and size of delivery trucks in the core of the Village. Large delivery vehicles parked on Bridge Street, Core Creek Drive and other village streets impede pedestrian traffic and detract from the pedestrian • village concept in Town. The 1987 World Championship delegation from Vail noticed the attractiveness of villages in Europe which are restricted -For- vehicles. As commercial density increases in the village, the delivery truck problem will only get worse. Recommendations: On an experimental basis) later in the summer after most Villaqe reconstruction is completed, restrict delivery ' trucks in the Village Core in the following manner: a. Delivery trucks will be prohibited on Bridge Street during the hours from 8:30 A.M. Until 5:00 P.M. b. The truck Ioading zone will be expanded on Gore Creek Drive but delivery trvcks will be prohibited from - MEMORANDUM TO RON PHILLIPS REGARDING VAIL TRANSPQRTATION AND PARKITiG TASK FORCE INTERIM REPORT APRIL 28, 1987 PACE 2 parking in the Ioading zones dvring the hours from 9:30 A.M. until 5:00 P.M. c. After 9:30 A.M. vntil 12:00 Noon, delivery trucks wilI be required to utilize one of two "staging areas" in the Village Core and then use their own wheel carts to deliver goods into the core. Existing Ioading zones would be used for these staging areas: West - Willow Bridge Road East - Hanson Ranch Road Core Creek Drive (by MiII Creek CourE Building Only) d. After 12:00 Noon, delivery trucks will be required to park in the Village Charter Bus Lot and then use their own wheel carts to deliver goods into the core area. The feasibility of the Town providing a smaller delivery vehicle (e.g., similar to a golf cart?) should be evaluated. e. For purposes of this proposal, delivery trucks are defined as any vehicle Iarger than a one ton pickup truck. f. This proposal restricts deiivery trvcks only, as defined above. Taxis, service trucks (plumbers, electricians, etc.), personal cars are not affected by this proposal. 2. Petition from the Vail AthIetic Clvb Reavestina a Chanae From_1_-1/2 Hovrs Free Parkina in the Villaqe Structure to 2-1/2 Hours Free Parkin4. Backqround: The Town received a petition from Robert Hopkins, General Manager of the Vail Athletic Clvb, to increase the free parking time from 1-1/2 hours to 2-1/2 hours in the Village Structure. Mr. Hopkins stated their interest is to allow Iocal residents and visitors slightly more time to conduct business at Iocal establishments without increasinq parking charges. Mr. Hopkins feels that locals are taking their' business to areas which have free parking and feels that any reduction of parking income would be offset by increased tax revenues. MEMORAMDUM TO ROU PHILLIPS REGARDING VAIL TRANSPORTATION AND PARKING TASK FORCE INTERIM REPORT APRIL 28, 1987 PAGE 3 The Town estimates that approaimately $50,000 of revenue wovld be Iost with the increase in free parking time. The issue of parking free was discnssed by the Parking Task - Force and Town Council in 1985 and a fee schedule adopted at that time. That fee schedule has been in glace for two seasons: 0 - 1.5 Hours Free 1.5 - 2 Hours $1.00 2 - 4 Hovrs 53.00 4 - 6 Hours $4.00 6 - 12 Hours $5.00 12 - 24 Hours $6.00 Recommendations: The existing parkinq fee schedUle and times should be continued. The task.force feels that a $1.00 charge for two hours is not excessive. The task force encovraqes the Athletic Club or any other Village business to purchase parking coupons for use by patrons. 3. Rustv Spike Vans on LionsHead Parkina Deck Backaround: Rusty Spike parks their service vans on the top deck of the - LionsHead Parking Structure during the sammer months. Vans are moved periodically to avoid being classified as abandoned vehicles subject to town. Rusty Spike receives a benefit of "free exposvre" from parking on the top deck. The task force discvssed the possibility of restrictinq Rusty Spike from parking on the top deck. Recommendations: No action taken. 4. Transportation Action Plan Recommendations: a. Add bus capacity to meet service demands as proiected in the Transit Development Plan Update. MEMORANDUM TO ROH PHILLIPS REGARDING VAIL TRANSPORTATION AND PARKING TASK FORCE INTERIM REPORT APRIL 28, 1987 PAGE 9 b. Implement recommendations from People Mover Feasibility Study to improve existing bvs productivity by decreasing dwell time: i) Investigate modifications to new buses which could reduce dwell times, e.g., double-wide doors, Iower step configvration, seating arrangement. 2) Investigate feasibility for additional overnight locked ski storage. c. Pursue alternative funding source (UMTA?) for People Mover System and/or bvses. • d. Remove speed dip on Vail Valley Drive (by Garden of the Gods) to facilitate better traffic flow and eliminate damage to vehicles. 6. Parkina Action Plan Recommendations: a. Continue aII current parking policies and procedures (restricted parking passes, free Ianding mat parking, etc.) established in 1985 and 1986. b. Conduct analysis of Iong term parking requirements and alternatives in coniunction with Vail Associates planned mountain expansions. - c. Conduct preliminary evaluation of increasing Ford Park parking by excavatinq and paving area east of tennis parking to the snow dump. Provide snmmer parkinq far Ford Amphitheater without removal of tennis courts as envisioned in Ford Park Master Plan. SB/njm !ORDINANCE N0. 14 Series of 1987 AN ORDINANCE AMENDING ORDINANCE -N9-: -2&, N0. 1 SERIES OF +946 1985 TO PROVIDE FOR THE AMENDMENT OF THE APPROVED DEVELOPMENT PLAN FOR SPECIAL DEUELOPMENT DISTRICT N0. 6; *ME*f)IPf6 TiiE PKPOSf SHT~@N 9-F SffCI-ftt HVEt6PMfidT [3IST*IeT -NO:-6; ADOPTING AN AMENDED DEVELOPMENT PLAN FOR PHASE IU OF SPECIAL DEVELOPMENT DISTRICT N0. 6, ELIMINATING CERTAIN REQUIREMENTS RELATING TO THE DISTANCE BETWEEN BUILDINGS FOR PHASE IV OF SPECIAL DEVELOPMENT DISTRICT N0. 6; CHANGING THE HEIGHT REQUIREMENTS - *ND-At-t06dABtE-U5C-5 FOR PHASE IV OF SPECIAL DEVELOPMENT DISTRICT 6; +WR-EA-&I;46 CHANGING THE ALLOWABLE DENSITY AND MODIFYING THE BUILDING BULK STANDARDS FOR PHASE IU OF SPECIAL DEVELOPMENT DISTRICT N0. 6; PROVIDING DIFFERENT PARKING AND LOADING REQUIREMENTS FOR PHASE IV AND U OF SPECIAL DEVELOPMENT DISTRICT N0. 6; AND SETTING FORTH DETAILS IN REGARD THERETO. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL of the Town of Vail as follows: Section 1. Legislative Intent In 1976, the Town Council of the Town of Vail passed Ordinance fdo- -28-No. 7, Series of 1976, establishing Special Development District No. 6 to insure the unified and - coordinated development of a critial site as a whole and in a manner suitable for the area in which it was situated. B. Special Development District No.6 provided in Section 14 that the Town Council reserved the right to abrogate or modify Special Development District No. 6 for good cause through the enactment of an ordinance in conformity with the zoning code of the Town of Vail. C. IN 1985, THE TOWN COUNCIL OF THE TOWN OF VAIL PASSED , ORDINANCE #1, SERIES OF 1985, PROVIDING CERTAIN AMENDMENTS TO THE DEVELOPMENT PLAN FOR SDD N0. 6. D. Application has been made to the Town of Vail to modify and amend certain sections of Special Development District No. 6 which relate to Phase IV and which make certain changes in the development plan for Special Development District No. 6 as they relate to Phase IV. E. The Planning and Environmental Commission of the Town of Vail has reviewed the changes submitted by the applicant and has war4meu~94 recommended that Special Development District No. 6 be so amended. F. The Town Council considers that the amendments provide an even more unified and more aesthetically pleasing development of a critical site within the Town and that such amendments are of benefit to the health, safety and welfare of the inhabitants of the Town of Vail. Section 2. Section 18.50.020 Purpose is hereby amended to read as follows: A Special Development District is established to assure comprehensive development and use.of an area in a manner that would be harmonious with the general character of the Town, provide adequate open space and recreation amenities, and promote the objectives of the Zoning Ordinance of the Town. Ordinarily, a special development district will be created only when the development is regarded as complementary to the Town by the Town Council, Planning Commission and Design Review Board, and there are significant aspects of the special development which cannot be satisfied under the existing zoning._ Section 18.50.040 Development Plan Contents is hereby amended to read as follows; The proposed development plan shall include, but is not limited to, the following data as supplemented by exhibits provided by consultants Royston, Hanamoto, Beck and Abey on February 12, 1976 for Phases I, II, III, and as supplemented by the exhibits of the development plan and the environmental impact report as prepared by Gordon R. Pierce, Architect, (PLANS DATED FEBRUARY 19, 1987, REUISED APRIL 14 AND APRIL 22, 1987), and as given final approval through passage of second reading of this ordinance by the Town Council on February 19, 1985 MAY 1987 for Phase IU. THIS APPROVAL RECOGNIZES THAT PHASE IV MAY BE CONSTRUCTED IN TWO PHASES WITH THE FIRST PHASE TO BE REFERRED TO AS PHASE IV AND THE FINAL PHASE TO BE ' - REFERRED TO AS PHASE V. Section 3. Section 18.50.040 E is hereby amended to read as follows: E. For Phases I, II, and III, a volumetric model as amended by consultants Royston, Hanamoto, Beck and Abey on February 12, 1976 of the site and proposed development documented by photographs at a scale of 1 inch equals 16 feet or larger, portraying the scale and relationship of those phases of the development to the site and illustrating the form and mass of structures in said phases of the development. For Phase IU AND V, a volumetric model as amended by Gordon Pierce, Architect, of the site and the proposed development at a scale of 1 inch equals 20 feet, portraying the scale and relationship of the development on Phase IV AND V, to the site and illustrating the form of mass of structures in said phase. Section 4. Section 18.50.050 Permitted Uses in Special Development No. 6 is hereby repealed and re-enacted with amendments to read as follows: 18.50.050 Permitted Uses The permitted uses in Phases I, II, III, IV AND V of Special Development District 6 shall be in accordance with the approved development plans on file in the Town of Vail Community Development Department. Section 5. Section 18.50.060 Conditional Uses in Special Development District No. 6 is hereby repealed and re-enacted with amendments to read as follows: 18.50.060 Conditional Uses Conditional Uses for Phases I, II, III, IV and U of Special Development District No. 6 shall be as found in Section 18.22.030 of the Vail Zoning Code and as below: A. A popcorn outside vending wagon that conforms in appearance with those existing in Commercial Core I and Commercial Core II. Except, no office uses, except those clearly accessory to a principal use will be allowed on the Plaza1evel of Phases IV and V. Section 6. Section 18.50.110 Distance Between Buildings is , hereby amended to read as follows: 18.50.100 Distance Between Buildings For Phases I, II and III the minimum distance between buildings on adjacent sites shall be as indicated in the development plan, but in no case shall be less than 50 feet. For Phase IU AND V, the minimum distance between buildings on adjacent sites shall be as indicated in the development plan as submitted by Gordon Pierce, Architect, (DATED FEBRUARY 19, 1987, REVISED APRIL 14 AND APRIL 17, 1987). Section 7. Section 18.50.120 Height is hereby amended to read as follows: A. For Phases I, II, and III the allowable heights shall be as found on the development plan, specifically the site plan and height plan dated 3/12/76. B. For Phase IU AND U, the maximum building height shall be as set forth in the approved development plan by Gordon Pierce,Architect (DATED FEBRUARY 19, 1987, REVISED APRIL 14 AND APRIL 17, 1987). Section 8. Section 18.50.130 Density is hereby amended to read as follows: The Gross Residential Floor Area (GRFA) of all districts in the Special Development District shall not exceed 120,600 square feet. There shall be a minimum of 175 accommodation units and 4&,-400-67,022 square feet of GRFA devoted to accommodation units in Phase IV AND V of Special Develoment District 6. Section 9. Section 18.50.130 Building Bulk is hereby amended to read as follows: 18.50.130 Building Bulk Building bulk, maximum wall lengths, maximum dimensions for building elements, requirements for wall offsets and vertical stepping of roof lines for Phases I, II and III shall be indicated on the development plan submitted by consultants Royston, Hanamoto, Beck and Abey on February 12, 1975. For c. Phase IV AND U, building bulk, maximum wall lengths, maximum dimensions for building elements, requirements for wall offsets and vertical stepping of roof lines shall be as indicated as per the approved development plans submitted by Gordon R. Pierce, Architect (DATED FEBRUARY 19, 1987, REVISED APRIL 14 AND APRIL 22, 1987). Section 10. Section 18.50.180 Parking and Loading is hereby repealed and reenacted with amendments as follows: 18.50.180 Parking and Loading FOLLOWING THE COMPLETION OF PHASES IU AND U, there shall be not less than 12 surface parking spaces, 324 underground parking spaces, and 37 underground valet parking spaces as are existing and as provided on the development plan submitted by Gordon R. Pierce, Architect (DATED FEBRUARY 19, 1987). THE PROPOSED SITE PLAN DATED FEBRUARY 19, 1987 REFLECTS THE INTERIM PARKING PLANS BETWEEN THE DEVELOPMENT OF PHASES IV AND V. Sectionll. Conditions of approval for the development plan of Phases IU AND V of SDD6 as submitted by Gordon Pierce (DATED FEBRUARY 19, 1985, REVISED APRIL 14 AND APRIL 22, 1987), shall be as follows: 1. That the developers and/or owners of Phases IU AND V participate in and do not remonstrate against an improvement district for improvements to the intersection of Vail Road and Meadow Drive if and when one is formed. 2. That the developers and/or owners of Phases IV AND U participate in and do not remonstrate against establishing a pedestrian linkage from Phases IV AND U to a future commercial expansion at the Kiandra (SONNENALP) Lodge site if and when it is developed. 3. The developer receive approval from the State Highway Department for reconfiguration of the pull-off area from the Frontage Road to the entrance to the hotel PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR PHASE U. 4. -The- bea rd-o+ dt r ee t~cw s--&~ tfr& Co+o-re4o S*t-Mirxurn--a n4-t•he- ide rre14p ers-c ome-to-&n agrettte n t-am te-rm-T-f o r-t he- relrrcat-i on-of the P9aseurrr i n-ftiase-l-U crF the-dai'i-Vtfil a7e -fnrr prro r-t o-tfi e--irs s u7n ce-o f a- b utfi d i mTp emi t` I rt-t fM "everrt t~rat t he- S ki-Mu seam waari-d rere a te -i-ts -sp a c e-fin W°rime it Zrf ttre VzH 1 -ftl lage ITrrr, thg-Towrr-of ftfl sha+1 tre g4Vetr-ext4-us4-,ite r+ghts-to erssume-rthe-Frki P4trsetft's4ease-of th is-s p at-ter. I-r-s h afit- b e mTd ersto od tha t in-th e-eve n t-t h e iow rt--af -Vtri 1 dve s-nssu me--th e-trss e of-t h i-s-s p a ce-, -a-H uses 4rr t-4e spae e s#a 11 be pttb+i cpai^ p o se- i n--ra tLm°e : 5. THE DEVELOPERS AND/OR OWNERS OF PHASE IV AGREE TO TRANSFER BY GENERAL WARRANTY DEED TO THE TOWN OF VAIL FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES, SUCH CONDOMINIUM UNIT OF APPROXIMATELY 3,986 SQ. FT. IN SIZE AND TO BE LOCATED AS INDICATED ON THE PLANS AND SPECIFICATIONS SUBMITTED WITH THE APPLICATION. ' 5. -T4kre-4e v ea-eige w-#trn c-t-h e-4em o-4-i t i om-~n4-1 amd s-ea p4-p g--of-tkre rttrs etrm stt-e throt.r g Iron e-of- trarr o p ti-o n s--- a)-ch--p o s'rt- to -thE- fiowrr-a cherk -fvr $t5', Ofr@'to 'b'g' usErd by-the Tvwn to- 'Comp+et-e'-the-work; or b-j--the-devt-1 oper- subm+t a+andscape- 1~,} a rrt o-tke -T-ow rr-F o r---&p p rrolra 1-te- b e-com p+ete d-trs- arr e+e merrt cf- t ht--v ver a W pi-&n- f ar-P hrase i1t'. 6. No grading permit, building permit or demolition permit relating to Phase IU of Special Development District No. 6 shall be issued until such time that reasonable evidence is provided the Town of Vail staff that construction financing for the improvements to be constructed as part of Phase IV has been obtained. 7. RESTRICTIONS ON THE USE OF ANY UNITS WHICH WOULD BE CONDOMINIUMIZED SHOULD BE AS FOLLOWS: UPON CONDOMINIUMIZATION OF THE PROPOSED STRUCTURE, LANGUAGE SHALL BE INSERTED IN THE CONDOMINIUM DOCUMENTS AND SHALL BE MODIFIED ONLY BY THE WRITTEN AGREEMENT OF THE TOWN COUNCIL AND THE OWNER OR OWNERS OF THE UNITS WHICH HAVE BEEN CONVERTED INTO CONDOMINIUMS. A. A CONDOMINIUM UNIT, WHETHER A DWELLING UNIT OR AN ACCOMMODATION UNIT, SHALL BE AUAILABLE FOR RENTAL ON A SHORT TERM BASIS WHEN AN OWNER IS NOT MAKING PERSONAL USE OF THE CONDOMINIUM UNIT. "OWNER'S PERSONAL USE" SHALL BE DEFINED AS OWNER OCCUPANCY OF A UNIT OR OCCUPANCY BY OWNER'S FAMILY OR OTHER NONPAYING OR PAYING GUEST OF THE OWNER. B. AN OWNER MAY NOT OCCUPY SUCH UNIT AS HIS PRIMARY RESIDENCE. PRIMARY RESIDENCE SHALL BE DEFINED AS CONTINUOUS OCCUPANCY OF THE UNIT FOR A PERIOD OF SIX MONTHS OR MORE IN DURATION. C. A CONDOMINIUM UNIT WHEN NOT OCCUPIED BY THE OWNER SHALL REMAIN AVAILABLE TO THE GENERAL TOURIST MARKET. THIS CONDITION MAY BE MET BY INCLUSION OF THE CONDOMINIUM UNIT AT.COMPARABLE RATES IN ANY LOCAL RESERVATION SYSTEM FOR THE RENTAL OF LODGE OR CONDOMINIUM UNITS IN THE TOWN OF VAIL OR IN ANY RESERVATION SYSTEM MAINTAINED BY THE CONDOMINIUM " PROJECT OR THE ADJACENT HOTEL FACILITY. Section 12. If any p'art, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the valildity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phases be declared invalid. Section 13. The repeal or the repeal and reenaction of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND PASSED ON FIRST READING THIS day of , and a public hearing shall be held on this ordinance on the day of at 7:30 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. . Ordered published in full this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk T0: Town Council FROM: Community Development Department DATE: May 5, 1987 RE:. Proposed amendments to SDD No. 6, Vail Village Inn Attached you will find a PEC memorandum for the proposed amendments to the ordinance regulating the development of the Vail Village Inn and a copy of Ordinance No. 14, Series of 1987, reflecting these amendments. This proposal. has been scheduled for discussion at Tuesday's work session so as to inform the Council of the most recent deVelopments relative to this - project., Please feel free to call Tom with any questions you may have. ' TO: Planning and Environmental Commission FROM: -Community Development Department DATE: April 20,1987 SUBJECT: A request to amend Special Development District 6, Vail Village Inn, Phase 4. Applicant: Mr. Josef Staufer Final approval for the last phase of Vail Village Inn (Phase 4 of SDD6) was granted by the Town Council in February of 1985. An 18 month extension of this approval was granted in January, 1987 for the exact plan that was_previously approved. In general terms, the approval of Phase 4 involved the demolition of the existing hotel, Pancake House, and Food and Deli. To be constructed were 175 accommodation units, approximately 16,000 - square feet of retail space, and 324 underground parking spaces. The construction of this final phase was to have completed all development potential as established by ordinance, for this property. Application has been made for a number of amendments to the existing ordinance governing the development of this property, as well as approval for the phased development of the project. Planning Commission action on this request involves making recommendations to be passed on to the Town Council for their final review. The following memo outlines the issues related to these requests for both the proposed amendments and the proposal to phase the development of the project. DESCRIPTION OF THE PROPOSED PHASING PLAN The existing approval for Phase 4 was presented and approved to be constructed in one phase. The applicant has stated that it is his desire to complete this final phase in three separate phases as oppposed to one. However, at this time information is provided for only one of the three phases that are being contemplated. The first phase proposed involves the construction of a building located at the corner of Vail Road and East Meadow Drive. This , structure would be connected to the existing Food and Deli portion of WI with a second and third floor skyway. The building closely resembles the previous approval in terms of design and how it would be connected to the main portion of the hotel. There are a number of issues that will need to be addressed relative to this phasing plan. They include the following: 1. Design A great deal of time and effort went into reviewing the massing and siting of this structure during the previous approval in 1985. The goal of these efforts was to ensure a design that was consistent with the original development plan adopted for this site in 1976. Generally, it was the intention of this plan for the property to be developed with greater densities and mass along the Frontage Road and a gradual "stepping down" of structures toward Meadow Drive. While this structure along Meadow Drive has been modified from the original approval, staff feels these design changes are minor and still in keeping with the intent of the original plan for SDD6. 2. Interim Changes to the site in the area of the proposed Meadow Drive structure include a slight relocation of the access off of Vail Road, the introduction of a loading zone, and the removal of approximately 1,000 square feet of landscaped area to provide additional surface parking. The proposed location for the loading zone is directly adjacent to Vail Road. From a design standpoint, this location is unacceptable to the staff. Concerns over this location center around the high visibility of the loading zone in relation to vehicular and pedestrian ways. There is also a strong concern over the removal of landscaped area to provide for surface parking. The introduction of additional surface parking is inconsistent with the desired goals for Vail Village as well as the previously approved plan for this project. The significance of this additional parking is magnified by the fact that mature evergreen trees would be removed to accommodate it. 3. Parking The staff has a number of concerns with the parking solution as proposed with this phasing plan. These concerns center around the project's overall deficiency in providing parking on site, the utilization of a tremendous number of valet spaces during the interim plan, and the notion of adding additional development to this project with no appreciable gain in on-site parking. To date, this project has developed in three phases and over the course of this development has fallen short of its required on-site parking. Phases 1 and 2 (predominantly the commercial areas along Meadow Drive) were developed without on-site parking. The 2 ' development of Phase 3 involved a total of 106 structured spaces. These 106 spaces were over and -above what was required for Phase 3 development (condominiums along the Frontage Road). It was intended that the development of the additional spaces would go toward making up some of the short fall that existed from Phases 1 and 2. As the Planning Commission is probably aware, existing restrictions on access to this structure has limited the utilization of these spaces and, as a result, done little to make up for the existing short fall on the site. We are now asked to review additional development on the property, again with little actual new parking being provided. The following table outlines in greater detail the parking situation for the Vail Village Inn. EXISTING CONDITIONS (PARKING) Phase Use Sq Ft Spaces Req. Spaces Exist. 1 Comm. 16,128 53 0 2 Comm. 6,473 21 0 Resid. 4 condos 8 p 3 Comm. 10,600 34 106 (structure) Resid. 29 condos. 47 WI Hotel, Deli, etc. Com/rest 5,610 23 65 (surface) Hotel 52 units 37 223 171 lst phase of Phase 4 ' Comm. 4,765 16 p Resi. 14 units 28 44 p 267 171 (multi-use credit) - 13 254 The information for this table was derived from data compiled during the last review of Phase 4. The number of spaces provided do not reflect the valet spaces as proposed with this application. 3 The following table outlines in greater detail the proposed valet parking. The parking section of the zoning code requires clear and unobsructed access to on-site parking provided within a development. An exception to this can be granted when valet service is provided. There are no other standards related to the utilization of valet parking outlined in the code. As an interim solution to parking, the applicant has proposed the introduction of valet parking throughout the project. When considering these valet spaces, the following changes are made to the parking provided on site: PARKING PROPOSED WITH THIS PHASE Phase Total Clear Access Valet % # Spaces Spaces S aces Valet 1 0 0 0 0 2 0 0 0 0 3 135 51 84 62% Surface 60 40 20 33% Spaces 195 91 104 53% As demonstrated by this table, over one half of the parking spaces provided on site will require valet service to be utilized. This percentage is unacceptable to the staff. While a portion of valet parking for a lodge is acceptable, it is infeasible to think that valet parking is workable or appropriate for meeting the demands for commercial space for this development. The realities of the existing situation on this property are that a maximum of 64 surface spaces are accessible for all the commercial uses on the site. This is assuming that the 106 spaces within Phase 3 are unaccessible to the general public. In addition, of the 64 surface spaces on site, a good percentage of those are restricted to specific tenants. For all practical purposes, there is no additional parking being provided for these commercial uses. Another aspect of the valet parking proposed on the surface lot is the amount of trip generation that will occur between the properties. Assuming that the valet service will be based out of the front desk of the hotel, the utilization of valet spaces adjacent to the Food and Deli would require a doubling of necessary trips through the 4-way stop. This trip generation is serving to congest an intersection that is already at capacity many times of the year. 4 REQUESTED AMENDMENTS TO THE APPROVED DEVELOPMENT PLAN A number of amendments have been requested to Ordinance #1, 1985. This ordinance established the development plan, statistics, and conditions of approval relative to the initial review of this project. While many of these amendments are minor, a number of them have implications relative to the development of Phase 4. The original ordinance and a copy of the applicant's amendments requested have been attached to this memorandum. The following is the staff's response to each of these amendments. Amendments 1, 2, 3, 5 and 6 are merely housekeeping amendments to recognize the amended plans as submitted for this first phase of the competion of the project. In many cases the ordinance makes reference to the approved plans as previously submitted. These references address issues such as distances between buildings, proposed locations and design of structures, parking provisions, etc. The staff feels there are no pertinent issues relative to the above amendments. Amendment 4. This amendment refers to the density permitted within Phase 4 of the Vail Village Inn project. The existing ordinance reads as follows: The gross residence floor area (GRFA) of all districts in the Special Development District shall not exceed 120,600 square feet. There shall be a minimum of 175 accommodation units and 72,400 square feet devoted to accommodation units in Phase 4 of SDD6. With respect to this particular section of the ordinance, the GRFA numbers were previously established with the 72,400 square feet available in Phase 4 being the difference between what is existing in other phases and the overall allowable. A minimum of 175 accommodation units were specified in the ordinance to insure that accomodation units be provided in the development of Phase 4. The amendment requested by the applicant would allow for the development of dwelling units in this phase of Phase 4. As proposed, the second, third and fourth floors of this structure would accommodate 14 units, each with at least one lock-off unit. Staff concern with this approach centers around the utilization and ownership of these units. As per the written application we have received, the units could be condominiumized with no restrictions on owners' use or any requirements to manage these units in some type of short 5 term rental pool. While it is true that accommodation units could be condominiumized, the condo conversion ordinance establishes restrictions on owners' use as well as requiring the units to participate in a rental pool. As proposed, there are no assurances that these units would not be developed, sold to individual owners, and not participate in a rental pool. Under this scenario, this proposal is a dramatic departure from the intent of Ordinance #1, 1985 as it is presently written. ~ Amendment #7 This amendment addresses the seven conditions of approval that were established during the last review of this proposal. Of concern to the staff are amendments proposed to conditions No. 5 and 6. These conditions address the relocation of the ski museum as part of the development of Phase 4. The existing conditions are worded as follows: 4. "The board of directors of the Colorado Ski Museum and the developers come to an agreement on terms for the relocation of the Museum in Phase 4 of the Vail Village Inn prior to the issuance of a building permit. In the event that the ski museum would vacate its space in Phase 4 of the Vail Village Inn, the Town of Vail shall be given exclusive rights to assume the Ski Museum's lease of the space. It shall be understood that in the event the Town of Vail does assume the use of this space, all uses in this space shall be of public purpose in nature." 5. The developer fund the demolition and landscaping of the museum site through one of two options: a. Deposit to the Town a check for $15,000 to be used by the Town to complete the work, or, b. The developer submit a landscape plan to the Town for approval as an element of the overall plan for Phase 4. The relocation of the Ski Museum became an essential element of the redevelopment plan during the last review of this proposal. This was the result of trying to find a balance between the needs of the developer and the original design plan for this property. Generally speaking, the design plan adopted for this site emphasized the massing of structures to step down from the Frontage Road to East Meadow Drive resulting in a pedestrian scale of buildings along the Meadow Drive pedestrian corridor. In addition, this plan called for a substantial amount of landscaped open space at the southwest corner of the property. The - developer's program for the building necessitated placing a structure in this portion of this property and the solution 6 proposed was to relocate the Ski Museum to free up that site to be developed as a park. After much discussion, this was agreed to as a reasonable compromise maintaining the integrity of the design plan as well as meeting the needs of the developers. The two conditions of approval were designed to ensure that the Ski Museum would be relocated and that the site be landscaped in conjunction with the development of this project. These assurances came in the form of requiring the Ski Museum to agree to ~'the move before construction was initiated and through the funding of improvements to the Ski Museum site. The commitment by the developer to provide these-conditions was seen as a trade off for the opportunity to develop what was intended to be a landscape portion of the site. The applicant has proposed the following amendment to these conditions: "The developers and/or owners of Phase 4 agree to transfer by general warranty deed to the Town of Vail free and clear of all liens and encumbrances. Such condominium unit shall be approximately 3986 square feet in size and shall be located as indicated on the plans and specifications submitted with the application." The applicant has also requested that Condition #5 (that the developer fund or provide the landscaping of the Ski Museum site) be completely deleted. While the developer is still proposing to provide the space for the Ski Museum, the Town has lost all assurances that the Ski Museum will in fact occupy that space and vacate its existing building. In addition, the burden of removing the existing Ski Museum structure and landscaping the site has now fallen on the shoulders of the Town or some other entity. Both of these conditions were established to accommodate the desires of the developer to construct Phase 4 in locations that were designated as open space. Two years ago during the final review of this project, it was agreed upon by all parties that the relocation of the Museum become the developer's responsibility. These conditions will effectively absolve the developer of that responsibility. STAFF RECOMMENDATION During the last review of this project in 1985, the staff strongly supported the approval of the project. That proposal involved predominantly structured parking to accommodate all phases of Vail Village Inn, a commitment to develop accommodation units, and strong assurances that the relocation of the Ski Museum woubd be provided in conjunction with this 7 development. The phasing proposal submitted at this time falls short on each of these considerations. While it may be feasible to mitigate the issue over the units by instituting use restrictions, and the Ski Museum may be resolved through further negotiation between the developer and the Ski Museum, staff . feels strongly that the issue of parking is not being solved through the implementation of valet service. We are bound to view this proposal as what possibly could be built out of the project. As a whole, the project has been deficient in parking for a number of years. To allow additional development on the site without additional parking would be nothing short of irresponsible. For years the parking that is not provided on this-site has been made up somewhere within the Town. One can assume that adjacent properties and the Town parking structure have absorbed this burden. With the ever increasing utilization of the Town structure, it is simply infeasible that any additional burden be placed on this facility by allowing private development to proceed without carrying its fair share of the parking requirements. Although the staff remains positive regarding the quality of the overall previously approved project and we recognize that our concerns could be mitigated in the future by immediate follow- through with the next phase, it is our responsibiity to fairly evaluate this proposal as if this is the final product. With this in mind and to be consistent with our position on similar proposals, we cannot support the present proposal. Staff recommendation for this phasing program and the proposed amendments is denial. ~ . r . .S`ECOND ADDENDUM TO APPLIC,ATION ZO_R_A_MF ~iDM_ENT FOR 0PECIAL DEVELOPMENT -]P-l-STRLC,-T_IJQ,:_E. The following changes need to be made to Ordinance No. 1 Series of 1985 in order to proceed with the proposed structure to be located on Meadow Drive. 1. In Section 2 additional reference should be made to the current set of plans as submitted for the proposed structure located on Meadow Drive. I would assume that this could be called the new Phase IV and the remaining portion of the project would be referred to as Phase V. 2. In Section 6 the paragraph makes reference to Phase IV regarding the minimum distance between building, the only thing that should be added should be possibly a date of the current plans as submitted. 3. In Section 7 Subparagraph B, once again Phase IV would be the current Phase IV with the plans dated accordingly. 4. In Section 8 the 120,600 sq.ft. of GRFA should remain the same, 175 accommodation units should also remain the same, however, the 72,400 sq.ft. should be reduced by the sum of 5,378 sq.ft. which represents one-half of the total square footage of GRFA in the current Phase IV. This amount of square footage has been devoted to units with a kitchen. The 72,400 sq.ft. should therefore be amended to read 67,022 sq.ft. 5. In Section 9 the language pertaining to Phase IV should once again make reference to the plans submitted by Gordon R. Pierce with the current date on such plans. 6. Section 10 should be amended to reflect the current parking plan on the set of plans submitted with our application. 7. In Section 11 regarding conditions of approval the following changes should be made: a. Once again Phase IV should be reflected by the current set of plans submitted by Gordon R. Pierce. b. Subparagraph one should remain the same. c. Subparagraph two should remain the same. d. Subparagraph three remains the same, however, we are not in need of such approval during this phase and that approval would only be necessary upon the development of the next phase. _ . r ~ ~ . e. Subparagraph four should be deleted. The _ following language should replace the existing Subparagraph four: The developers and/or owners of Phase IV agree to transfer by General Warranty Deed to the Town of Vail free and clear of all liens and encumbrances. Such Condominium unit shall be approximately-3,986 sq.ft. in 4 size and shall be located as indicated on the plans and specifications submitted with the application. There would be no restriction on the Deed for the use by the Ski Museum, however, the space should be used for some public purpose by the Town of Vail. f. Subparagraph five would be deleted. g. Subparagraph six can stay the same. ~ . COLORADO SKI MUSEUM SKI HALL OF FAIViE i ~ . May 1, 1987 ~ Mr. Ron"Phillips, Manager Town of Vail . 75 S. Frontage Road " Vail, CO 81657 _ Dear Mr. Phillips: . -The Colorado Ski Museum has been approached by the Town of Vail Planning Staff and the counsel representing the developer for the proposed Vail Village Inn redevelopment, concerning the possibil- ity of a Museum move to the new development. After meeting with these two parties, the Museum agreed to give the proposition some consideration. As you may recall, the Museum has been housed-.in the old Mountain Bell Switch building since the Town of Vail purchased the build- ing in June of 1975, with specific restrictions stated in the warranty deed that the property shall be used exclusively for the Museum for 25 years, or until the year 2000. In considering the proposal put forth by the Vail Village Inn developer, the Museum is not in a position to make a move if any expense is incurred on - its part. _ Therefore, we are presenting our considerations for the possible move to the Town of Vail and what we will need from either you or - the developer to relocate to the new Vail Village Inn redevelop- ment. 1. The Colorado Ski Museum will need 3,000 square feet of _ finished space with an additional 1,000 square feet of un- finished space, adjoining the finished space, for storage. 2. We will need a carpeting allowancefor the 3,000 square feet of finished Museum space. 3. We will need a drop ceiling with acoustical tiles in the - 3,000 square feet of finished space. 4. We will need the walls drywalled, taped, fire-rated, primed . -and painted. 5. We will need a lighting allowance for the entire 4,000 - square feet of space. 6. An appropriate number of parking spaces for the staff and visitors must be guaranteed in the development's private parking area, near the location of the Museum. . P.O. Box 1976, Vail, Colonado 81658 9 303/476-1876 y . r Mr. Ron Phillips May 1, 1987... Page Two 7. A full understanding of the Museum's position relative to the management of the building and the Condominium Associa- tion must be worked out. 8. Outside space available to the Museum must be provided for the Museum's outside exhibits. 9. Adequate signage for the Museum must be allowed, subject . -to Museum approval. 10. Exemption from any ancillary or hidden fees, such as condo- minium association fees, taxes, etc. must be arranged. - 11. The procedures for determining any and all utility installation costs and monthly charges will have to be establi.shed and agreed upon. , 12. Access for Museum staff and guests to public restrooms and to an elevator must be established and guaranteed. 13. Interior design criteria and code compliance shall be sub- ject to review and approval by the Colorado Ski Museum. 14. Any and all zoning variances needed for the Museum shall be the responsibility of the Town of Vail or the developer. 15. The total amount of insurance coverage for the Museum's contents must remain the responsibility of the Town of Vail, and must be reported to the Colorado Ski Museum. The total . amount of insurance coverage for the building, and thus the Museum space, must also be reported to the Colorado Ski Museum. 16. Water and waste line plumbing needs to be roughed in, with - the location to be established by the Museum. 17. The developer:will be required to pay water heating and : cooling on.the basis of a square foot cost. 18. The Town of Vail must make a commitment to house the Colorado Ski Museum in the proposed space in the Vail Village Inn r.edevelopment in compliance with the 1975 War- ranty Deed requirements of "twenty-five (25) years from the -date of this deed", with two (2) twenty-five (25) year op- tions for renewal, subject to the life-time of the building. Our Renovation/Relocation Committee has determined that if we agreed to move the Colorado Ski Museum from its present location . to the Vail Village Inn, the project would cost approxiamtely $65,000 to $71,000 from start to finish. These figures have been based upon the above.requirements and the attached list of Tenant . , r . Mr. Ron Phillips May 1, 1987 Page Three Improvements provided by the developer. However, until a more definitive description is provided by the Developer, these figures remain tenitive. At the same time, before the Colorado Ski Museum can agree to make the move, we must be assured that the Town of Vail will maintain the level of responsibility and participation in providing a finished space to house the Museum as it does today. Sincerely, Michelle J. Cahill Executive Director MJC/Attachments cc: Robert C. Johnstone Peter Patte Tom Braun Jay Peterson Colorado Ski Museum Executive Committee - ; OTTO, PETE1350N c,'~' POST ATTORNEY'S !1T LAW VAIL NATIONAL BANK BUILDING FREDERICK S. OTTO POST OFFICE BOX 3149 (303) 476-0092 K. PETERSOt~ JAY K WILLIAM J. POST VAIL, GOLOIZADO 61658-31,19 EAGLF. VAII PROFESSIONAL BUILDING f3031 9 49-5380 DENVER DIRECT LINE (303) 623-5926 MEMORANDUM T0: MICHELLE CANILL/COLORADO SKI MUSEUM FROM: JAY K. PETERSON DATE: APRIL 28, 1987 RE: TENANT IMPROVEMENTS IN PROPOSED STRUCTURE IN THE VAIL VILLAGE INN FOR THE COLORADO SKI MUSF,UAi Dear Michelle: Pursuant to our conference with the Town Staff, the Colorado Ski Museum and myself the following is adescription of how the space as designated on the Plans and Specifications would be delivered to the Town of Vail upon completion of the Project. 1. The upstairs space would be drywalled and taped. The ceiling in the upstairs space would also be drywalled and taped. 2. The downstairs space would have concrete walls with either a suspended ceiling or a drywalleG ceiling. The drywall would be taped. In addition, the downstairs space would be sprinkled according to code. 3. An electrical panel will,be provided for the space. 4. Nlinimum lighting will be provided according to code. 5. Two lavatories will be provided on the downstairs level adjacent to the premises which will provide common bathroom facilities for the commercial areas of the building including the Ski Museum. If you have any questions please contact me at my office• ~v L' ~ i~L- ~ : L'.'!-C. ~ Ci-,~. ;~x•:l ~r~~~ LY~ >~-;i:tl_L ' _ JK P : n s ' . lijl'a.~f r~-' 1 j \ U, ~ l ~ l l 1: r C,,~! c c, L'. 1 v(-c ( c_, J Ll ~ k. U- li_ti. c.') 1- ~ . ~ TO: Town Council ~ J FROM: Community Development DATE: May 5, 1987 SUBJECT: Vail Village and Lionshead Popcorn Wagon Lease Negotiations: Owner, Village Popcorn Wagon, Ms. Ila Buckley; Owner, Wagon on the Mall, Lionshead, Mr. Dan Mulrooney, Mr. Ross Davis, Jr. and Mr. Carl Dietz I. APPLICANTS'REQUEST The owner of the Vail Village popcorn wagon, and owners of the Liorishead popcorn wagon are interested in negotiating new lease rates with the Town Council. At this time, the Lionshead popcorn wagon has a lease which began in February 1985 and extends until January 1990. The five year lease requires a minimum rent of $40,000. The Village popcorn wagon was relocated on Town of Vail property when the Plaza Lodge remodeled during the summer of 1986. Due to the remodel, the popcorn wagon could no longer be located on Plaza property, as Christy Sports expanded on the west side of the building. The Founders' Plaza was designed to allow for the popcorn wagon to be moved into this area. On July 4, 1986, the popcorn wagon opened for business on Town of Vail property. The staff is in the process of arranging a lease with Ila Bulkley. In a letter dated March 13, 1987, Ross Davis explains the owners' request for a lease renegotiation: ..The Wagon on the Mall operation has grossed $41,000 and $37,000 in its two years of operation. The numbers are consistent with the historical revenues of the Vail Village Popcorn Wagon and based on the experience of the operators, gross sales should stay within these parameters over the next few years. Enclosed herewith please find copies of the balance sheets, statements of earnings for the Wagon on the Mall for the years 1985 and 1986 which reflect the current cost of lease in excess of twenty percent of the gross revenues of the operation. As you know, Fair Market Percentage rents in the Town of Vail for a restaurant operation rarely exceed 8% of gross for rental, and the ground rental on a square foot basis exceeds two hundred dollars per square foot per year. We at this time request that the Town Council in connection with setting the rental rates for the Village Popcorn Wagon, reassess and renegotiate the lease charged for the Wagon on the Mall Lionshead Operation to make the lease comparable and equitable. As the Town pays the utilities on the Lionshead operation and does not pay them on the Village location, the rents on the Lionshead operation should exceed that charged to the Village operation by approximately $500 (our estimate) or the Town's calculation of actual costs for providing - those services. In connection with entering into the original lease agreement with the Town, the Wagon on the Mall paid tap fees and hook-up fees in the amount of $16,752.61, as well 'as paying a security deposit of $2,000 to the Town of - Vail. The rental rate was set at $8,000 per year which at the time was reasonable based on the estimation of gross revenues of between $80,000 and $120,000 per year. Experience has shown that the business did not sustain those gross revenues, and the fixed rate entered into at that time did not coincide with the ability of the business to pay rent. We would respectfully request that the Town Council consider setting this matter for consideration at a work session along with the determination of the rents for the Village Popcorn Wagon so that the two businesses which are so important to the character of the Vail experience can be operated in a smooth and economical manner and continue to benefit the overall community.... (Please see the enclosed letters.) II. BACKGROUND RESEARCH In order to make a reasonable decision on this request, the staff decided to contact several other ski towns and cities that have vending operations on public property. Below are the results of this research: 1. Town of Aspen, Contact: Mr. Larry Thoreson, account auditor for the finance department Mr. Thoreson stated that they do have a popcorn wagon in Aspen, however, it is located on private property. The only comparable figure that Aspen had for a use such as the popcorn wagon was an amount that the city charges for outdoor dining decks which extend out from restaurants onto the mall area. The city charges $2 per square foot per month. This charge equals $24 per square foot per year. At this time the City Council is thinking of changing the dollar amount per square foot. Their opinion is that it is too low. The $2 amount was arrived at by calling other restaurants that had outdoor dining space on private land. The staff made a determination of what that space was worth. One reason for the lower price was that the deck space is usable only during good weather. Example: Wagon Area = 240 sf (121x201) x$2 =$480 per month lease. Year lease =$5,760 2. Town of Steamboat Sprin s, Contact: Ms. Michelle Danmier, accounts revenue clerk Steamboat Springs does not allow any vending on public property due to the competition it would create with merchants. The only applicable comparison was a Sno-Cone cart which was allowed to operate in one of their town parks. The Sno-Cone operator was required to pay $100 per month, plus she paid for a sales tax license and peddler's license. 3. Town of Crested Butte, Contact: Ms. Carrie Folger, Town Clerk In Crested Butte, they have a license called a "business occupation licensing tax" (BOLT). The tax is based on the numbers of employees that the business has. This type of tax is applied only to . food vending. The vending.of other items is not allowed. As an example, two employees requires $100 per year, three to seven employees $270 per year, eight to 15 employees, $475, and 16 to 24 employees, $1,000 per year. Each BOLT is reviewed by the Town Council. The tax money goes to the Chamber of Commerce. There is no change in rules if the operation is on public or private land. 4. Keystone, contact: Ms. Dorie Jenson, commercial operations for Keystone Development Corporation Keystone requires 10% of gross sales for a crepe wagon which is located at the base of the mountain. The crepe wagon owner pays for her own utilities. A small deck is also located around the crepe wagon. Example: $39,000 average gross x.10 =$3,900 per year 5. Town of Telluride, contact: Ms. Leslie Sherlock, Town Clerk Telluride allows for five vending operations on public property. The vending operations are small, pushcarts approximately 3'x51x71. Food vending has included burritos, hotdogs and hot potatoes. The applicant is required to pay for a business license which is usually around $100 and is based on the number of employees. The owner is also charged $60 per month for the lease space on public property. The operation must be inspected by the health inspector. The carts are removed every night. The owner must also provide liability insurance. The vending operations are approved by the Town Manager. The Town Manager determines if the cart is attractive 'and contributes to the ambiance of the Town. The Town Manager may deny the request if it is felt that the operation will detract from the Town. Example: 12 months x $60 = $720/year 6. Town of Durango, contact: Mr. Cliff Bilyew, Building Inspector Vending on Town property is not allowed. 7. City of Boulder, contact: Ms. Mary Smario, Parks Department The Parks Department handles all vending operations on the Boulder Mall. The vending operations are actually reviewed by a five member Mall Commission. Applications are taken from January to February each year. Permits are awarded in March and are normally for a three year period. The charge for the permit is $144 per month in June, July and August. The wagons are required to be in operation during this period if they receive a permit. During the off- season from September through May, the carts do not have to operate and are charged only $33 per month. The Mall Commission reviews menus, design of the carts, and hours of operation. After three years, the business is required to reapply for another three year permit. Presently, Boulder has 8 vendors (2 per block and the mall is 4 blocks long). Example: 3 months x$144 =$432, 9 months x$33 = $297. $729 total yearly rate 8. City of Denver, 16th Street Mall, contact: Denver Partnership, Ms. Merle Miser The Denver Partnership manages all vending on the 16th Street Mall. Carts are charged $150 per month for a lease area. In January and February the charge is $100. Example: 10 months x$150 =$1500, 2 mths x$100 _ $200 = $1700 total yearly lease ~ 9. Restaurant lease prices in Vail According to one real estate office, enclosed restaurant space within Lionshead ranges from $15 to $20 per square foot. In the Village, it was - estimated that the maximum amount was approximately . $30 per square foot. Another real estate firm estimated that in the Village the lease rate for restaurant space is approximately $20-25 per square foot or 7% of the gross sales, whichever is greater. Additional real estate research cited a Lionshead restaurant rate at $15.62/sq ft. Village restaurant rates varied from $7/sq ft, $15/sq ft, to $30/sq ft depending on location and level of the restaurant within the buiding. It is difficult to compare retaurant rent rates to the popcorn wagon, as improved, enclosed restaurant space is more expensive. III. STAFF RECOMMENDATION Given this information, it appears that there are many ways to handle setting the lease price for both wagons. Presently, the Town requires that the Lionshead popcorn wagon pay a total amount for a five year lease regardless of the gross. This decision was made, in part, due to the fact that it is often difficult to verify gross sales of this type of business. It was felt that it would be much easier to agree upon a total lease amount and then require that amount to be paid over the period of the lease. Staff would recommend that $2 per square foot per month or $24 per square foot per year be the lease rate for the wagons. This will lower the annual amount from $8,000 to $5,760 and is supported by the Aspen experience. A slight difference in the rate for the two wagons may be warranted given the fact that the owner of the Village wagon pays all.;. her own utilities. • , ~1Y1h~; n Ross Davis, Jr. G Attorney at Law Suite 307, Vail National Bank Building Post Office Box 190 Vail, Colorado 81658 303-476-2414 March 13, 1987 Mr. Ron Phillips , Town Manager Town of Vail 75 S. Frontage Rd., West . - Vail, CO 81657 RE: Popcorn Wagon Lease Rental Rates Dear Ron: At a meeting March 11, 1987 with Christin and Larry Eskwith in connection with the setting of Fair Market Value Rentals for the the Town to charge for the Lionshead and Vail Village Popcorn Wagon operations. The consensus of the conversation was that Ila Buckley is not in a position to pay the same rent charged to the Wagon on the Mall in Lionshead, which rental rate is currently $8,000.00 per year and that the rental rates for the two operations should be set in a consistent manner on an equitable fair market basis. The Wagon on the Mall operation has grossed $41,000.00 and $37,000.00 in its two years of operation which numbers are consistent with the historical revenues of the Vail Village Popcorn Wagon and based on the experience of the operators gross sales should stay within those perameters over the next few years. Enclosed herewith please find copies of the balance sheets, statements of earnings for the Wagon on the Mall for the years 1985 and 1986 which reflect the current cost of lease in excess of twenty percent of the gross revenues of the operation. As you know Fair Market Percentage rents in the Town of Vail for a restaurant operation rarely exceed 8% of gross for rental and the ground rental on a square foot basis exceeds two hundred dollars per square foot per year. . We at this time request the Town Council in connection with setting the rental rates for the Village Popcorn Wagon reassess and renegotiate the lease charged for the Wagon on the Mall Lionshead Operation to make the comparable and equitable. Mr. Ron Phillips ' N Town Manager March 13, 1987 ' Page 2 As the Town pays the utilities on the Lionshead.operation and does not pay them on the Village location the rents on the Lionshead operation should exceed that charged to the Village operation by approximately $500.00 (our estimate) or the Town's . calculation of actual costs for providing those services. In connection with entering into the original lease agreement with the Town the Wagon on the Mall paid tap fees and hook up • - fees in the amount of $16,752.61, as well as paying a security deposit of $2,000.00 to the Town of Vail. The rental rate was set at $8,000.00 per year which at the time was reasonable based on the estimation of gross revenues of between $80,000.00 ancl $120,000.00 per year. Experience has shown that the business did not sustain those gross revenues and the fixed rate entered into at that time did not coincide with the ability of the business to pay the rent. We would respectfully request that the Town Council consider setting this matter for consideration at a Work Session along with the determination of the rents for the Village Popcorn Wagon so that the two businesses which are so important to the character of the Vail experience can be operated in a smooth and economical manner and continue to benefit the overall community. Thank you very much for your attention to this matter. If you have any questions feel free to contact my office. SincereJ.~'`,' / s , . r r. RD : n s~ WraCjQN pIV Tf-lC ItII~ILL. Eialance ShePt • 4 • ;:~~:;';•;i ASSETS CASH ON HAND • 100.00 CASH - CHECKING ACCOUNT 2,474.52 I UVENTORY ' 774.35 • ' ^~'rt~"~_~ ~~:'i^.~• TRF, _ FEES, HOOK UF'S 16,752.61 ACCUM. AMORT. -TAF- FEES ~ ~ 512. 89Cr ; ; . . ' " • 'h,:~ STORAGE SHED 440.78 ACCU.M. D=PREC. -S?GRAGE SHED 66. 12Cr kRuON & EQUI {='ME1VT 35, 869. 30 ACCUMULA"fcti . DF_PR - WRE 5, 1 11 . 74Cr F-,RE;:,A I D I hSURAIVCE 240. 80 r' "'A I U RENT :Hr-.;=~~s-•._. Rc.r- 666.66 • ,.:f,~N_.•. StCUR I TY DEPOS I T5 2,000.00 _ TO'i'RL RSSETS • . ~ r.,-.. • ~.,...-i - • LIAbILZTZES NOTE F'AYABLE - VNB 6,000.00 ' . . NOTE F,AYAbL.E - CARL DI ETZ . 32, 200. 00 FICA F,AYABLE 64.28 _ ' FWT F'AYABLE . 85. 00 SWT F'AYAPLE . 21.30 SALES TAX 310.90 RESORT TAX ~ 4.47 TOTAL L I Ab i L I T I ES 38,685.95 :f GRF,ITAL CAF,ITAL - DIETZ, 1NC. 11,700.00 F'ROF I T OR LOSS ~ 1,242.32 TDTAL CAF,ITAL ~ 12,942.32 TOTAL LIABILITIES RND CAP,ITA:. ~ , ~i, 628. 27 . . ~ ~ ..1.._, ' - , . . - :r~> . . . _ - - .j ~ ~ / ~ ~ . . . ' . . . . ~ . • . . . ' ~ I• .r• ~4nc:?oni on, Tf--lF MI. . . . . Staternerct c,f Ear^riirios 01-01-85 '~'iG 12-31-85 - 01-0 i-85 t a 12-3 i-85 YTD DcSCR I RTI ON _ AMOIJIVT F'CT • • AMOUNT ~ F'CT , - INCOrtE . FOOD • ' 40939.11 - '~'•..*1~0% : M I SCELLANEOlJS 3. 70 ~TOTAL I NCOME : . . 40942.81 ' - . -1 @m% COST OF SALES ' FQOD . ' 9604.04 TUTAL COST OF SALES 9604.04 ~"c:~%_ . 6RUSS PRGFIT • . 31338.77 -.77X OTHER INCOhiE SALES TAX DISCOUNT 54.55 tYZSCcLLANEOUS INCOME. 11.68 TOTAL OTHER I NCOME 66.23 . ,..EXF-,ENS'cS WAGES . 9700.25 . 24% F'ARTtvERS' SALRRIES 84.00 . BANK CHAR6ES 26.60. DEF'REC I AT I ON 7690.75 . '19% INSURANCE . 307.20 • 1% INTEREST 226.18. ' . iX . ' LAUNDRY tt LINEN ' 139.17 LEGAL R ACCOUNTING_ ' . . 1600.00 4% L I CENSES & FEES c 16. 00 . 1 X • OFF I CE _ • 14.50 OUTSIDE ScRVICES - ' 1046.89 ..3% OVER 8 SHQRT ' . 1• . 00 . . - - - . . . . . . . _ ; RENT 7333.34 - 18X REr'A I R 8 MA I NTENANCE . . 659. W_ _2% SUF'F'LIES 219.79 1% TAXES QN PAYROLL . 897.11 2% TOTAL EXPENSES 30162• Eg- 74% NET F'ROFIT 1::4~. 32 3X , . - . ~ . . Wa~ON aN TH; MaLL E+~~lance sheet 12-31-a6 ASSCTS CA SH OtU HAND i sZto. ~.~43 . CA5iA - CHr=CK I IRG ACCOUtVT 3,572.16 INV_NTOR`{ 570.71 . TAP FEES. HOOK UF'S 16, 7W. 62 ACCUM„ AMORT. -TAr' FEE..~'~ 2. S1:_. 99Ci` , _ . .STORAG-' SHED 440.78 ACClJM. DEPREC. -Si vRAGE SHEv 66. 12Cr . WAGON & EG!U Z PMEh 35, 9%. 47 RCCUMULATED DEPR -W&E 5. 1 i 1. 74Cr ' r='RG(='A I D I IVSL1 RANGc 240.80 ,GRE='AID REN":'' 606. E8 . SECI.;R ITY DEPOS I TS • 2,000..00 TGTr=;L AJ ScTS " • ~r.=.6?,~i.4E - LZAHZLZT?ES tiCT_ F'AYAEtE_E - VNB a,000.00 NOTE PAYAP!_C - CARL DLETZ 32,200.00 FI CA PAYAEtLE Si. 8" . l=ltiT F'AYresLE 85.07 SwT PAYABLE 21.00 5ALE5 TAX 48i. ~9 RE'''v^R'`' '1 AX 7. 87 70TPL L2AH.T.ZTTIES 40.877.56 CAPIT% CAP:T(aL - D?ETZy INC. _1, 1i4. 11 C,~)PZ"Ni! iY11JLRGONCY 414.11 CAPI"r(-;? - DAVwS 289.86 CAP17f-1L - WOOD Ec:. I2 CA:-`iYF-tL - J=NET i 62.12 PROF17 OR LQSS 101.42Ct^ T07AL C;=yPITAL 11,760.90 TCi'';"AL LIAbILI?'IcS GryD LAP?TAi 52.635.40 i,JAGGNI ?N THc Mri_L • " - Statemei-ct of Ear,rrincs o 12-01-86 t'a 12-3i-86 DESCRIP7IOlV . 22-01-86 t%, 12-31-•86 Y7D AMOEJNT PCT AMOUN7 PCT 1 NCOME FOC1D 6122.50 100,s 3640e. 90 . 100'/. TOTAL INCQiYiE 6122.50 100% .36=f~.~o. 90 _..100% . OS1" QF SALES FDC1D 11171.98 19/ 9264.27 L.._J ~ C• ';'Q77L GCSI' O!= SfaLES 1171.98 19: 9264.27 25'/. c7RDsj PRGFI I , 4950. Ji B:% 27742. 63 !J% CTNER TNCOh;E ' J(-fLCS TAX DISCOUN"' ' 8.16 48.25 TOTA+_ CT~-IER IUCGME 8.16 43. `5------------ EXF'cNSrS vVAL7LS 1142.63 19'/. 9297.00 27/ z;\Si.:RAhfCc 17.00 119i. el KI 1 iIV'-i ^ q"r-'_S-~- . 5592.17 2 5i{ LAUNDF1Y 3• LINEh 35.34 LLu`r1L R ACCOUItii?I:"r'G y0`,_l.~~` J% L'' ~ C`:~;SES & FEES - . O~r= ~C` i5~]. u~c~ ` n 350.00 I;. 65.16 1% dc_. 6-4 OJ7SIDE ScRViCcS F;So. ,=,Z C;UcR & ..~3HGRT 1. OLI) 1, 00 RENT 6G6. FrE I i°•G 7999. SS `i=% R=PAI R & Mf-aIN7cNANCE 398.28 i ...~iJPPL _T Ej i s.98 =71.92 TAXcJ CrN PA`fFZCLL 979.83 J/. 7RXES DtV F'ROF'ERTY 3a?. 0„ I% '"OTAL EYPl=!vSEB 2061.43 J ~ ~.°it J7-.._,lL~ 7J;~ ~ - hET PROf=I? • r ,~3'- ~7• ~5 47"/. 1t9`_42r'r I5G a• Ross Davis, jr. Attorney at Law "Suite 307, Vail National Bank Building Post Office Box 190 Vail, Colorado 81658 303-476-2414 April 3, 1987 Mr. Ron Phillips Town Manager Vail, Colorado 81658 Re: Wagon on the Mall Lease Renegotiation Dear Ron: Enclosed herewith please find the final year end balance sheet for the Wagon on the Mall to complete your file. If you have any questions ee to contact my office. Sin ely s, os D . RD/ y WAGQN G;V T=iE MALL ' E+a1ance Sheet j.i-..3 ~ -•~G ASSGTS - CASH ON I-iAND . 1 00. 00 CASN - C!-jECKING ACCOUhT 3,572.16 ?NVENTORY ,.c,70. 71 . TAP FEES, NDOY UF'S 16, 752. r i ACCt1M. AMORT. -TAP FEES '6. 1'38. 1f~Cr^ STQRRGE SHED - • _ - - - - : - 44 cf"?. 78 ACCL;M. DEPREC. -STORAGE S; :ED 163. iZ+9Cr- WRGuN & EQUIr+ht`NT 35, 8c,9. 30 ACCL`MULATEc.7 DE=Pq - WRr' 22, 608. 43Cr . PREPAID REN7 666. Ee S`CUR I TY D_L'Ca I TS 2,000. 00 TOTAL ASSETS 41,002.2S . LIAI"iL_TTIcS ' tiO"i E F'AYfaBLE - UNH kyom. 00 NOTE PRYABLE - CARL D.T.F„Z 32j200.00 FICA PAYPPLE J:. 6?, . FW' "-'PYAD! c 85.07 S:J't' F'AYA&LE Okfi SrLES ?AX Qal. °3 KSE7R7 TAX 7.87 T07Ea!_ LIF.B?L?TIES 407,y?7. 56 CAP;TAL CPPI"AL - UIE,"?, IdC. 11, 114.11 CAPIl-AL - ,wiULROz7NEY 4 =4. 14 CAP?TAL - DAViS 289.86 %.APi'i AL - W1=iQD 62.12 CAP:TAL - J'`;v27T 62.12 r'RO= i l' QR LOSS f317. r,2Ct^ TQTAL CaPITAL 124.70 TO'"faL LIfat+IL?'"I=S A(vD CAP?"'faL. 41,002.26 - wRGON cN TH~ MAL_ Staten7ent of Ear'nines +711-01-88 to 22-31-86 o1--t71i-86 to 12-3:-S5 DCSCRLPTION RMOU;v'!' PCT Ah'"."JUNT INCOhiE 36406. 90 FflOD _ - - - _ 3640a.90 T£?TAL ?NCOf+lc ' . - . COST Gt= SaLcS 92G4. 27 OOD 9264.27 TO,-AL r'rJST fJF 5ALES . ~7,4~. 6.:~ ~ . GROSS F':~GF_T , O. : ~"tCR TiV.COM`G 48.25 ShiL -.7 TAn 1! l. JL.OZ..iN•r 4A. 25 Tu-raL 07;-{ER T NCO;yic EXF='EitiSES 9297. 00 wiRGES 3665.57 An?ORTIZf; T.€ON 7593•E6 ~t DCPR-CLKTlUN 431.8'U ~y IC\ J URR NL G . 55S2.0 ~ ~ i N. ~ 56.34 LPUNiuRY & LIN[=i` y~,.~2?, 027, U=1:,AL & AL.COUN+.°?Nta ' J~,r-,~~0. ool ;_T_CE`\SG,.~^. Q (r'EES 82.64 ~~r u~ r° iG = ~86., J1- OUl"SiDE ScRViCES - 1.014) GVER & S:-i0?T 7 9-'?. '?3 RENT 398.28 REc'AiR & MAI;ti"' ENA:vljc 238. 09 . SUPPLTES 97S.62 '!'FiX=S Qty PAYRULL - 339. v13. TFiXOS Uh! PR0P['RT4' 3900S.50 TOTFif_ C.{Pcr'^N.^7C.S l. b20- ;VET E-'ROFT i ~ F. T0: Town Council FROM: Community Development DATE: May 5, 1987 SUBJECT: Progress with the Public Art project The initial Task Force meeting was held on March 16, 1987. At this meeting, members suggested topics for research and requested that the staff arrange for several speakers to discuss public art with the Forum at upcoming meetings. The following schedule lists upcoming Arts Forum meetings. Monday, May 18, 9:00 AM to 11:00 AM, Municipal Building 1. Purpose and goals of the Arts Forum 2. Public art slide show presentation Monday, June l, 9:00 AM - 11:00 AM, Municipal Building Guest Speaker: Ms. Gail Goldman, Director of Art in Public Places for the Colorado Council on the Arts.and Humanities. Ms. Goldman will be discussing the public art review process. She is planning to provide a slide show of public art projects across the country. Ms. Goldman will discuss community issues related to each project. Monday, June 15, 9:00 AM - 11:00 AM, Municipal Building Guest Speakers: Mr. Charles Parson and Mr. J. P. Rico Eastman, both Colorado sculptors, will discuss their experiences with public art projects.